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OF  THE 

U N I VERS  ITY 
OF  ILLINOIS 


! 342.73 
A-e.2 

1875 


THE 


SCIENCE  OF  GOVERNMENT 


IN  CONNECTION  WITH 


AMERICAN  INSTITUTIONS. 


BY 

JOSEPH  ALDEN,  D.D.,  LL.D., 

LATH  PRESIDENT  OP  JEFFERSON  COLLEOE,  AND  AUTHOR  OF  “ ELEMENT!1  OF 
INTELLECTUAL  PHILOSOPHY,”  ETC.,  ETC. 


NEW  YORK: 

SHELDON  & COMPANY,  077  BROADWAY. 

DETROIT,  MICH. : E.  B.  SMITH  & CO. 


1875. 


Dr.  flXDEN’S  TEXT-BOOKS 


ON  THE 

SCIENCE  OF  GOVERNMENT. 

THE  SCIENCE  OF  GOVERNMENT  in  connection  with 
American  Institutions.  By  Joseph  Alden,  D.  D.,  LL.  D., 
President  of  tlie  “State  Normal  School,”  Albany.  One 
volume,  12mo,  Price  $1.50.  Adapted  to  the  wants  of  High 
Schools  and  Colleges. 

n. 

Ul  YOUNG  CITIZEN’S  MANUAL  Being  a primary 
text-book  on  the  Science  of  Government.  By  Joseph 
Alden,  I).  D.,  LL.  D.  Price  50  cents.  This  book  is  in 
the  form  of  questions  and  answers,  and  is  adapted  to  the 
wants  of  Common  and  Primary  Schools. 

New  York  Independent  says  : 

“ There  is  no  more  important  study  than  the  study  of 
the  insti  tutions  of  our  own  country,  and  there  is  no  book 
on  the  subject  so  clear,  comprehensive  and  complete  in  it* 
self  as  ti  e volume  before  us.” 


Enters  according  to  Act  of  Congress,  in  the  year  1806,  by 
SHELDON  & CO.f 

the  Clerk’s  Office  of  the  District  Court  of  the  United  States  for  th« 
Southern  District  of  New  York. 


Stereotyped  by  Smith  & McDougal,  82  & S4  Beckman  8t,  N,  % 


* 


\ f^b  (Lt/1 


_ I tl? 


i 

HON.  JOSEPH  WHITE, 

<3 

SECRETARY  OF  THE  BOARD  OF  EDUCATION  OF 
% MASSACHUSETTS : 

Your  counsel  and  encouragement  led  me  to  give , 
in  my  college  teaching , greater  prominence  to  studies 
adapted  to  prepare  young  men  to  perform  their  duties 
as  citizens  of  the • United  States  than  is  usually  given 
' in  our  Colleges . In  view  of  that  fact , and  of  your 
zeal  and  labors  in  the  cause  of  education  and  govern- 
ment, I beg  leave  to  inscribe  to  you  this  effort  to  aid 
my  young  countrymen  in  preparing  themselves  for 
the  work  before  them. 


30 


Joseph  Alden. 


PREFACE 


The  importance  of  tlie  stud}  of  tlie  Science 
of  Government  in  a country  whei  a every  one  has 
an  influence  in  tlie  affairs  of  government,  does 
not  need  to  be  argued.  Books  suitable  for  its 
study  in  our  educational  institutions  should  be 
furnished.  This  volume  is  designed  as  a text- 
book for  our  higher  institutions.  It  contains,  in  a 
compact  form,  the  facts  and  principles  which  ev- 
ery American  citizen  ought  to  know.  It  may  be 
made  the  basis  of  a brief,  or  of  an  extended 
course  of  instruction,  as  circumstances  may  re- 
quire. Though  primarily  designed  as  a text- 
book, the  general  reader  will  find  every  portion 
of  it  perfectly  intelligible. 


CONTENTS 


CHAPTER  I. 

PA  01 

Object  and  Necessity  of  Government. — Origin  of  Civil  Society. 

— The  Social  Compact. — Government  a Divine  Institution. 

— .Justice  the  Fundamental  Law. — Sovereign  Power  Vested 
in  the  People, 9 

CHAPTER  IL 

The  Right  of  Suffrage. — Universal  Suffrage. — Limited  Suffrage. 

— The  True  Principle. — An  Analogy, > 16 

CHAPTER  IIL 

Liberty  and  Law. — Different  Forms  of  Government. — Monarchy 
Absolute  and  Limited. — Hereditary  and  Elective. — Aris- 
tocracy.— Republic, 21 

CHAPTER  IV. 

Theories  of  Representation. — Representative  Instruction. — Re- 
lation of  Human  to  Divine  Law. — Right  of  Revolution.  . . 23 

CHAPTER  V. 

Colonial  Governments. — Continental  Congress. — Revolutionary 

Government, 35 

CHAPTER  VL 

The  Confederation, 13 

CHAPTER  YIL 

Formation  of  the  Constitution. S3 


8 


CONTENTS, 


CHAPTER  YIIL 

PAO* 

Adoption  of  the  Constitution, ' 70 

CIIAPTER  IX 

The  Nature  of  the  Constitution, 11 

CHAPTER  X 

Congress. — House  of  Representatives, 85 

CHAPTER  XI. 

The  Senate, 96 

CHAPTER  XIL 

Powers  of  Congress, 115 

CHAPTER  XIII. 

Prohibitions  on  Congress  and  the  States, 133 

CHAPTER  XIY. 

The  Executive  Department, 146 

CHAPTER  XY. 

The  Executive  (continued), 159 

CHAPTER  XYL 

The  Judicial  Department, 172 

CHAPTER  XYIL 

Treason. — Citizenship. — Admission  of  New  States. — Amend- 
ments,  190 

CHAPTER  XYIIL 

Amendments, 199 

CHAPTER  XIX 

The  Constitutions  of  the  States, 208 

CHAPTER  XX 

international  Law, 220 

CHAPTER  XXL 

Different  Kinds  of  Law,  233 


*HE 


SCIENCE  OF  GOVERNMENT 


CHAPTER  I. 

OBJECT  AND  NECESSITY  OF  GOVERNMENT — ORIGIN  OF  CIVIL 
SOCIETY — TTIE  SOCIAL  COMPACT — GOVERNMENT  A DIVINE 
INSTITUTION — JUSTICE  THE  FUNDAMENTAL  LAW — SOVEREIGN 
POWER  VESTED  IN  THE  PEOPLE. 

Government  has  for  its  great  object  the  mainten 
ance  of  justice  among  men.  That  men  may  live 
together  in  peace,  there  must  be  laws  restraining 
them  from  injustice,  and  protecting  them  in  the  enjoy- 
ment of  their  rights.  The  office  of  government  is  to 
make  and  execute  such  laws. 

Civil  society  cannot  exist  without  government. 
By  civil  society  is  meant  men  living  together  in  a 
social  civilized  state.  Men  cannot  live  together  in 
such  a state  without  government.  Experience  show's 
that  some  men  are  disposed  to  do  injustice  to  others, 


10 


THE  SCIENCE  OF  GOVERNMENT. 


and  must  be  restrained  by  laws.  Were  there  no  laws, 
every  one  could  do  as  he  pleased.  The  wicked  could 
defraud,  rob,  and  murder  with  impunity.  Such  a 
state  of  things  is  called  a state  of  anarchy. 

Civil  society  is  an  institution  of  God — is  of  divine 
origin.  God  made  men  to  live  together  in  a social 
civilized  state.  He  gave  them  a social  and  moral 
nature,  which  makes  that  condition  their  natural 
condition.  He  has  given  man  desires  and  capacities 
which  can  find  exercise  only  in  society.  The  solitary 
or  the  savage  state  is  not  the  natural  state  of  man. 

The  social  civilized  state  is  necessary  to  the  ful* 
development  of  man’s  physical,  intellectual,  social,  and 
moral  nature.  The  solitary  state  is  an  impossibility, 
that  is,  all  men  could  not  lead  solitary  lives.  If  the 
attempt  were  made,  the  race  would  become  extinct. 
The  savage  state  is  possible.  Savage  tribes  do  exist, 
but  savages  are  in  all  respects  inferior  to  civilized 
men.  They  have  not  those  means  of  guarding  the 
body  from  disease  which  civilized  men  have.  Their 
intellectual,  social,  and  moral  powers  are  very  imper- 
fectly developed.  Man’s  powers  are  developed  by 
exercise,  and  the  savage  state  does  not  furnish  the 
conditions  of  that  exercise.  It  will  be  admitted  that 
God  makes  nothing  in  vain.  It  is  as  plainly  His  will 
that  man’s  nature  should  be  developed,  as  it  is  that 
the  fruit-tree  should  grow  and  bring  forth  fruit.  The 
civilized  state  alone  furnishes  the  conditions  for  the 


THE  SCIENCE  OF  GOVERNMENT. 


11 


proper  exercise  and,  development  of  all  man’s  powers. 
Therefore,  God  designed  that  men  should  live  in 
civilized  society. 

Civil  society,  or  the  State , then,  is  not  a voluntary 
association  as  some  have  taught.  It  did  not  originate 
in  a social  compact,  that  is,  in  an  agreement  to 
abandon  the  solitary  and  savage  state,  and  to  adopt 
the  civilized  state.  Writers  on  government,  and 
legislators,  sometimes  refer  to  “the  social  compact” 
as  though  it  were  an  historical  fact.  History  gives 
no  account  of  “the  social  compact.”  No  one  ever 
asserted  that  such  an  event  ever  took  place.  ^ And  yet 
some  have  referred  to  this  fiction  as  the  ground  of  our 
obedience  to  law. 

It  is  said  that  by  “ the  social  compact  ” men  agree 
to  relinquish  a portion  of  their  natural  rights  on  con- 
dition of  being  protected  in  the  enjoyment  of  the  re- 
maining portion,  and  to  render  obedience  to  the  laws. 
It  is  said  that  their  obligation  to  be  subject  to  the 
restraints  of  society,  is  founded  on  their  consent  to  the 
social  compact — the  formal  consent  of  the  framers 
of  the  compact,  and  the  tacit  consent  of  all  succeeding 
generations. 

Now,  as  no  such  compact  was  ever  formed,  it  can- 
not be  the  ground  of  any  obligation  whatever.  The 
fundamental  laws  of  civil  society — the  laws  or  rules 
of  justice,  do  not  owe  their  authority  to  the  consent 
of  the  governed. 


12 


THE  SCIENCE  OF  GOViSENMENT. 


Men  become  membeis  of  civil  society — of  the 
State — by  the  act  of  God.  He  created  man  a social 
being  and  a subject  of  law.  Men  have  no  right  to 
abjure  society,  throw  off  its  restraints,  and  lead  soli- 
tary lives.  No  man  has  a right  to  be  a brute,  or  any 
thing  but  a man.  In  order  to  be  a man,  he  must  be 
a member  of  society  and  subject  to  law. 

Suppose  all  men  were  to  meet  together  in  one  vast 
convention,  and  to  vote  unanimously  to  abolish  so- 
ciety, and  government,  and  law  of  every  kind : would 
such  a vote  have  any  authority  ? Certainly  not.  The 
obligation  to  live  in  society  and  have  government, 
would  not*be  affected  by  such  a vote,  or  by  any  thing 
that  men  can  do.  God’s  will  does  not  depend  upon 
the  wills  of  men.  It  is  plainly  his  will  that  men 
should  live  together  and  enjoy  the  benefits  resulting 
from  obedience  to  righteous  laws. 

The  State  may  be  considered  apart  from  govern- 
ment, though  they  usually  coexist.  They  always  co- 
exist, except  in  those  rare  periods  when  anarchy  pre- 
vails. Government  is  the  agent  by  which  the  State 
ordinarily  acts.  The  State  performs  extraordinary 
acts  when  it  abolishes  one  form  of  government,  and 
institutes  another.  The  acts  of  the  State  by  which 
governments  are  made  and  unmade,  are  termed  acta 
of  original  sovereignty. 

Government  is  a divine  institution — is  of  divine 
origin.  This  appears  from  the  fact  that  the  State  is  a 


THE  SCIENCE  OF  GOVERNMENT 


13 


divine  institution,  and  is  under  obligation  to  have  gov- 
ernment. God  is  the  author  of  man’s  nature.  The 
State  is  the  necessary  result  of  man’s  nature.  Gov- 
ernment is  the  necessary  result  of  the  State.  There- 
fore government  is  of  God.  “ The  powers  that  be,” 
that  is,  the  legitimate  powers  of  government,  “ are 
ordained  of  God  ” (Rom.  xiii.  1).  God  is  the  author 
of  government,  just  as  He  is  the  author  of  the  forest 
that  clothes  the  mountain’s  side.  The  one  is  the  result 
of  His  moral  law's,  the  other  is  the  result  of  His  physi- 
cal laws. 

Justice  is  the  fundamental  idea  of  the  State.  All 
its  regulations  should  be  but  the  applications  of  the 
principle  of  justice.  In  other  words,  all  its  rules 
should  be  just  rules.  If  all  men  would  practise  jus- 
tice, they  could  live  together  in  pe^ce  without  a legal 
code.  That  men  should  do  that  wrhich  is  just  is  a 
self-evident  truth.  As  the  State  is  under  obligation 
to  secure  justice  to  its  members,  it  is  under  obligation 
to  use  the  means  best  adapted  to  secure  that  end. 
Government  is  a necessary  means  of  securing  justice, 
hence  again  we  see  that  the  State  is  under  obligation 
to  have  government.  In  other  words,  government  is 
necessary  in  order  that  man  may  be  such  a being  as 
God  designed  he  should  be. 

The  sovereign,  or  supreme  power,  resides  in  the 
State,  not  in  the  government.  Government  derives 
its  powers  from  the  State.  The  power  of  the  State  is 


14 


THE  SCIENCE  OF  GOVERNMENT. 


limited  by  its  fundamental  law — the  law  of  justice. 
The  State  has  no  rightful  power  to  form  an  unjust 
government,  or  to  perform  any  unjust  act. 

The  State  gives  to  government  its  powers.  It  in 
under  obligation  to  give  to  it  such  powers  as  are  best 
adapted  to  enable  it  to  subserve  the  ends  of  justice 
and  public  prosperity. 

The  sovereign,  or  supreme  power,  belongs  to  the 
State,  that  is,  to  the  people  who  constitute  the  State. 
The  sovereign  power  belongs  to  the  people,  not  in 
their  individual,  but  in  their  collective  capacity.  The 
State  possessing  sovereign  power  may  have  a million 
members.  It  does  not  follow  that  each  individual 
possesses  one-millionth  part  of  the  sovereign  power, 
or  is  thereby  constituted  the  one-millionth  part  of  a 
sovereign. 

The  relation  of  individuals  in  the  State  to  the  sov- 
ereign power  may  be  illustrated  by  a joint  stock  com- 
pany. An  insurance  company  has  power  to  make 
contracts  for  insurance.  Suppose  there  are  ten  mem- 
bers. They,  or  a majority  of  them  acting  as  a com- 
pany, can  make  a contract,  or  authorize  their  agents 
to  do  so ; but  one  of  their  number  cannot  make  one- 
tenth  part  of  a contract.  The  whole  power  of  the 
company  belongs  to  the  ten  members  (not  of  necessity 
equally),  but  the  whole  power  cannot  be  divided  into 
ten  parts,  each  part  being  wielded  separately  by 


THE  SCIENCE  OF  GOVERNMENT. 


15 


individuals.  Such  a course  of  proceeding  would  de- 
feat the  end  for  which  the  company  was  formed. 

In  like  manner  the  whole  power  of  the  State  be- 
longs to  the  members  of  the  State — the  individuals 
composing  the  State;  but  this  power  is  not  divisible 
among  those  individuals,  to  be.  wielded  separately  by 
each.  Such  a course  of  proceeding,  were  it  possible, 
would  defeat  the  ends  for  which  the  State  exista. 


CHAPTER  XL 


THE  BIGHT  OF  SUFFRAGE — UNIVERSAL  SUFFRAGE — LIMITED  SU* 
FRAGE — THE  TRUE  PRINCIPLE — AN  ANALOGY. 

The  State,  as  we  have  seen,  is  under  obligation  to 
appoint  an  agency,  viz.,  government,  to  wield  a portion 
of  its  power.  Has  every  member  of  the  State  a voice 
in  designating  those  who  shall  exercise  the  powers  of 
government ; in  other  words,  has  every  one  a right  to 
vote  for  those  who  shall  rule  over  them  ? 

Some  think  that  the  right  to  vote  is  an  attribute 
of  humanity — that  every  one  has  a right,  to  vote  be- 
cause he  is  a man.  This  is  denied  by  others ; hence 
the  burden  of  proof  rests  on  those  who  make  the  af- 
firmation. They  have  no  right  to  assume  it  as  a self- 
evident  truth. 

If  the  right  to  vote  be  an  attribute  of  humanity, 
then  women  have  a right  to  vote  as  well  as  men. 

It  is  said  by  some,  that  as  every  man  is  bound  to 
render  obedience  to  the  law,  every  man  should  have 
a voice  in  choosing  those  who  make  the  laws.  It  is 


THE  SCIENCE  OF  GOVERNMENT. 


17 


assumed  that  a man  cannot  rightfully  be  held  subject 
to  the  laws,  unless  he  has  given  his  consent  tc  them 
by  taking  part  in  choosing  the  law-makers. 

In  reply  to  this  it  is  said,  that  man  was  created 
a subject  of  law.  lie  is  subject  to  the  law  of  recti- 
tude. His  consent  is  not  asked.  He  is  born  into  the 
State,  and  is  subject  to  its  fundamental  law — the  law 
of  justice.  His  consent  is  not  asked.  A man  may  as 
well  object  to  being  born  without  his  consent,  as  to 
object  to  being  subject  to  righteous  laws  without  his 
consent. 

If  none  are  rightfully  subject  to  the  laws  except 
those  who  have  given  their  consent  to  them  by  voting 
for  rulers,  then  women  are  not  rightfully  subject  to 
the  laws. 

Others  think  that  the  right  to  vote  is  not  an  attri- 
bute of  humanity.  They  think  that  the  question  as 
to  who  shall  vote  depends  upon  circumstances  which 
rary  with  time  and  place.  They  reason  thus:  The 
State  is  under  obligation  to  have  the  best  government 
possible.  Hence  the  State,  that  is,  the  people,  are 
under  obligation  to  use  the  means  best  adapted  to  se- 
cure the  best  government  possible.  Among  the  means 
to  be  used  is  the  choice  of  good  rulers.  Such  a course 
should  be  taken  in  choosing  them  as  is  best  adapted 
to  the  end  sought,  viz.,  good  rulers.  If  universal  suf- 
frage will  secure  the  best  rulers,  then  universal  suf 
frage  ought  to  prevail.  If  a restricted  suffrage  will 


18  THE  SCIENCE  OF  GOVERNMENT. 

secure  the  best  rulers,  then  a restricted  suffrage  ought 
to  prevail. 

If  the  decision  be  in  favor  of  a restricted  snffrnge, 
the  same  principle  would  determine  the  nature  of  the 
restrictions.  If  limiting  suffrage  to  those  who  possess 
a certain  amount  of  property  will  secure  the  best 
rulers,  then  that  limitation  should  take  place.  It  is 
for  the  interest  of  the  man  who  is  destitute  of  prop- 
erty, as  much  as  it  is  for  the  interest  of  the  man  pos- 
sessed of  property,  that  the  best  rulers  should  be  se- 
cured. 

The  advocates  of  a property  qualification  do  not 
contend  that  the  possession  of  property  makes  a man 
more  intelligent  or  more  patriotic.  lie  has  a decpei 
interest  in  having  a good  government  than  he  who  has 
nothing  to  lose.  He  has  an  interest  in  having  prop- 
erty secure,  taxes  light,  and  justice  administered  be- 
tween man  and  man.  Men  are  strongly  influenced  by 
their  interests. 

It  has  been  proposed  that  those  only  should  vote 
who  can  read  and  write.  If  such  a provision  would 
secure  the  choice  of  better  rulers  than  would  other- 
wise be  chosen,  it  should  be  adopted.  It  ought  not, 
however,  to  be  taken  for  granted  that  the  mere  abil- 
ity to  read  and  write  will  qualify  one  intellectually 
and  morally  to  perform  so  important  an  act  as  that  of 
selecting  men  to  make  and  execute  the  laws,  upon 
which  the  prosperity  of  a nation  in  a great  measure 
depends. 


THE  SCIENCE  OF  GOVERNMENT. 


19 


Suppose  there  is  a ship  at  sea  with  five  hundred 
passengers  on  board.  A storm  sweeps  the  captain 
and  all  the  officers  overboard.  Some  one  must  take 
command  of  the  ship,  or  all  on  board  will  be  lost.  lie 
must  have  a knowledge  of  navigation,  and  the  nerve 
requisite  for  command.  There  are  a few  persons  on 
board  capable  of  forming  a correct  opinion  respecting 
a man’s  knowledge  of  navigation,  and  his  abilities  to 
manage  the  ship.  The  great  majority  have  no  capa- 
city for  forming  such  an  opinion.  Who  shall  choose 
the  captain,  the  intelligent  few  or  the  ignorant  many  ? 
Would  it  not  be  for  the  interest  of  all  on  board  that 
he  be  chosen  by  those  capable  of  judging  as  to  his 
qualifications  ? 

The  majority  may  say,  “We  have  as  much  interest 
in  the  safety  of  the  ship  as  those  to  whom  it  is  pro- 
posed to  limit  the  choice : our  lives  are  as  dear  to  us 
as  theirs  are  to  them.”  These  assertions  would  doubt- 
less be  true,  but  it  would  not  follow  that  all  should 
vote  in  the  choice  of  a captain.  The  adoption  of  a 
course  adapted  to  promote  the  highest  safety  of  all, 
would  not  deprive  the  majority  of  any  right. 

There  is  some  analogy  between  the  supposed  ship 
and  the  ship  of  State.  It  is  for  the  interest  of  all 
that  the  best  rulers  be  chosen.  The  adoption  of  a 
course  the  best  adapted  to  secure  that  end  would  not 
infringe  upon  the  rights  of  any.  Every  man  has  a 
right  to  be  governed  justly,  but  it  does  not  follow 
that  every  man  has  a right  to  bo  a governor. 


20 


THE  SCIENCE  OF  GOYERXMENT. 


In  the  earlier  periods  of  our  history,  the  electivo 
franchise  was  limited  in  all  the  Colonies  and  States. 
Soon  after  the  adoption  of  the  Federal  Constitution, 
the  tendency  set  toward  universal  suffrage.  One  State 
after  another  adopted  it  as  they  revised  their  constitu- 
tions, till  now  the  right  of  suffrage  is  possessed  by 
every  white  citizen  of  the  United  State*. 


CHAPTER  in. 


LIBERTY  AND  LAW — DIFFERENT  FORMS  OF  G 0 YERNMENT — MON- 
ARCHY ABSOLUTE  AND  LIMITED — HEREDITARY  AND  ELECTIVE 

— ARISTOCRACY — REPUBLIC. 

Justice  is  the  great  end  of  government.  Let  jus- 
tice be  perfectly  administered  to  a people,  and  all  the 
conditions  of  national  prosperity  will  follow,  at  least 
all  that  depend  on  the  action  of  the  government.  To 
say  that  the  great  end  of  the  government  is  to  secure 
justice,  is  to  say,  in  other  words,  that  the  great  end 
of  government  is  to  secure  liberty. 

Liberty  is  the  result  of  law — not  as  many  suppose, 
of  the  absence  of  law.  Many  suppose  that  men  are 
free  only  in  proportion  as  they  are  without  restraint. 
They  suppose  that  so  far  as  men  are  under  law,  they 
are  without  liberty.  They  suppose  that  men  relin- 
quish a portion  of  their  natural  liberty  in  consequence 
of  becoming  members  of  the  State  and  subjects  of 
law. 

We  have  seen  that  men  are  born  members  of  the 


22 


THE  SCIENCE  OF  GOVERNMENT. 


State  and  subjects  of  law,  and  hence  they  neper  had 
any  rights  the  result  of  not  being  subjects  of  law.  It 
is  true  that  a man  in  society  is  restrained  from  doing 
some  things  which  he  would  be  at  liberty  to  do  if  ho 
were  a solitary  being.  But  he  was  not  created  a soli- 
tary being,  and  hence  has  none  of  the  natural  rights 
of  a solitary  being.  Hence  he  cannot  relinquish  the 
natural  rights  of  a solitary  being.  The  fish  cannot 
claim  that  he  relinquishes  the  right  to  fly  in  the  air  in 
order  that  he  may  swim  in  the  water.  Man  cannot 
claim  that  he  relinquishes  the  freedom  of  the  solitary 
and  the  savage  state,  in  order  that  he  may  become  a 
civilized  man. 

Law  secures,  or  is  intended  to  secure,  to  a man 
all  the  liberty  he  can  rightfully  claim.  He  cannot 
claim  liberty  to  live  under  water  or  to  take  poison. 
If  the  law  forbids  him  to  live  under  water  or  to 
destroy  himself  by  taking  poison,  it  does  not  thereby 
restrain  his  liberty.  He  was  not  made  to  live  under 
water  nor  to  take  poison.  The  law  forbids  him  to 
murder,  but  that  does  not  abridge  his  liberty.  He 
never  had  a right  to  murder.  He  cannot  claim  liberty 
to  do  wrong.  So  far  as  the  law  restrains  him  from 
doing  wrong,  it  does  not  interfere  with  his  liberty. 
So  far  as  the  law  restrains  him  from  doing  what  a be- 
ing made  to  live  in  society  ought  not  to  do,  it  does 
not  interfere  with  his  liberty.  So  long  as  it  does  not 
interfere  with  his  rights,  it  does  not  interfere  with  bis 


THE  SCIENCE  OF  GOVERNMENT. 


2? 


liberty.  He  has  no  right  to  do  that  which  is  incon- 
sistent with  the  welfare  of  society. 

Every  one  has  a right  to  claim  protection  from 
wrong  doing  on  the  part  of  others.  The  law  which 
forbids  wrong  doing,  furnishes  this  protection,  if  it  be 
properly  enforced.  Security  against  wrong  is  an  essen 
tial  element  of  civil  liberty.  Sir  James  Mackintosh’s 
definition  of  liberty  is  “ security  against  wrong.” 

No  man  can  claim  the  right  to  do  wrong.  He  can 
claim  freedom  to  do  right.  Now,  if  he  is  permitted  tc 
do  right  in  all  things,  and  is  restrained  only  from  do- 
ing wrong,  and  is  protected  from  wrong  doing  on  the 
part  of  others,  he  has  all  the  liberty  he  can  ask. 

A perfectly  just  and  wise  system  of  laws  would 
forbid  every  thing  that  is  unjust  in  society — every 
thing  socially  wrong,  and  would  permit  every  thing 
just  in  society — every  thing  socially  right.  If  such 
a system  were  carried  into  perfect  execution,  it  would 
furnish  perfect  security  against  wrong,  and  perfect 
liberty  to  do  right.  The  perfection  of  law  would  thus 
secure  the  perfection  of  liberty. 

Liberty  does  not,  as  some  suppose,  consist  in  the 
privilege  of  self-government,  nor  is  it  necessarily  the 
result  of  the  privilege  of  self-government.  Men  hav- 
ing the  privilege  of  self-government  may  govern  them 
selves  very  badly.  They  may  make  unwise  and  un- 
just laws.  Liberty,  as  we  have  seen,  is  the  result  of 
wise  and  just  laws  faithfully  executed 


24 


THE  SCIENCE  OE  GOVERNMENT. 


A despotic  government  may  make  and  execute 
wise  and  just  laws.  If  this  were  done,  men  would  for 
the  time  being  enjoy  liberty.  It  may  be  asked,  can  a 
government  be  a despotic  and  a free  government  at 
the  same  time?  Certainly  not,  A transient  bestowal 
of  liberty  by  a despotic  government  does  not  make 
that  government  a free  government,  any  more  than 
transient  acts  of  charity  by  a miser  make  that  miser 
a man  of  benevolence.  In  the  case  supposed,  there  is 
no  security  for  the  continuance  of  liberty.  Security 
against  wrong,  and  not  the  transient  absence  of  wrong, 
is  essential  to  liberty. 

Government  is  a means  to  an  end.  There  are  dit- 
ferent  kinds  of  governments.  That  is  the  best  govern- 
ment which  is  best  adapted  to  secure  the  ends  for 
which  government  is  instituted.  In  determining  what 
kind  of  government  is  best  for  a particular  nation,  the 
condition  and  circumstances  of  that  nation  should  be 
carefully  observed.  The  best  form  of  government 
for  the  United  States  would  not  be  the  best  form  for 
Caffraria. 

The  different  forms  of  government  are  classed  un- 
der three  heads,  viz.,  Monarchy,  Aristocracy,  and  Re- 
public. 

A monarchy  is  government  by  a single  person. 

Monarch,”  says  Worcester,  “ is  a general  term  for 
one  having  sole  authority,  and  is  applied  to  the  ruler  of 
an  absolute  or  limited  monarchy,  and  he  may  be  styled 


THE  SCIENCE  OF  GOVERNMENT. 


25 


a sovereign  or  potentate,  and  may  have  different  titles. 
The  following  are  the  titles  of  the  different  monarch 9 
of  Europe : Emperor , Czar}  or  Sultan , the  ruler  of  an 
empire ; King  or  Queen , of  a kingdom ; Prince  of  a 
principality ; Grand  Duke , of  a grand  duchy  ; Duke , 
of  duchy ; and  Pope , of  the  popedom.” 

Monarchies  are  absolute  and  limited.  In  an  abso- 
lute monarchy  all  power  is  possessed  by  the  monarch. 
His  will  is  the  sole  law.  An  absolute  monarchy  and 
a despotism  are  the  same. 

An  absolute  monarchy,  if  the  monarch  be  an  able 
man,  is  a very  efficient  government.  The  power  of  a 
country  can  be  more  efficiently  wielded  by  one  mind 
than  by  many.  Unity  of  counsel  and  promptness  of 
decision  cannot  always  be  secured  when  several  minds 
must  act  in  concert.  Republics  have  sometimes  found 
it  necessary  to  create  a temporary  dictator,  that  is,  to 
clothe  an  officer  with  absolute  power.  The  Roman 
republic  had  frequent  recourse  to  this  expedient  in 
times  of  great  public  danger.  For  a time,  during  the 
war  of  the  Revolution,  Washington  was  made  a di<r 
tator  in  reality  though  not  in  name. 

The  absolute  monarch  is  generally  a tyrant. 
Men  are  too  imperfect  to  be  trusted  with  absolute 
power. 

In  a limited  monarchy,  the  power  of  the  monarch 
is  limited  by  the  constitution  and  laws.  A constitu- 
tion is  a fundamental  law  defining  and  limiting  the 
2 


26 


THE  SCIENCE  OF  GOVERNMENT. 


powers  of  the  government,  to  which  law  all  othel 
Jaws  must  be  conformed.  A constitution  may  be  a 
written  document,  or  it  may  consist  of  established 
usages.  The  constitution  of  Great  Britain  consists  of 
established  usages,  yet  its  provisions  are  as  well 
known  as  those  of  the  constitution  of  the  United 
States.  In  the  limited  monarchies  of  Europe,  the 
powers  of  the  monarch  are,  for  the  most  part,  as 
clearly  defined  as  are  those  of  the  President  of  the 
United  States. 

Monarchies  are  hereditary  and  elective.  All  the 
monarchies  of  Christendom  have  adopted  the  hered- 
itary principle.  The  oldest  surviving  son  or  nearest 
heir  succeeds  to  the  crown  as  soon  as  the  monarch 
dies.  It  is  a maxim  of  the  British  constitution  that 
vie  king  never  dies.”  This  means  that  the  throne 
v never  vacant.  The  moment  the  occupant  dies,  his 
heir  is  clothed  with  all  the  authority  pertaining  to 
the  throne.  In  some  countries,  females  are  excluded 
from  the  succession. 

An  hereditary  is  preferable  to  an  elective  mon- 
archy. It  is  true  that,  on  the  hereditary  principle,  an 
incompetent  or  vicious  person  may  succeed  to  the 
throne.  Experience  has  shown  that  the  attendant 
evils  are  less  than  those  connected  with  an  election. 

Aristocracy  “ is  a form  of  government  which  places 
the  supreme  power  in  the  nobles  or  principal  persons 
of  the  State.”  The  uniform  testimony  of  history 


THE  SCIENCE  OF  GOVERNMENT. 


2? 


declares  the  aristocratical  form  of  government  to  be 
the  worst  form. 

A republic  is  “ that  form  of  government  in  which 
the  supreme  power  is  vested  in  the  people,  or  in 
representatives  elected  by  the  people.”  When  the 
power  is  directly  exercised  by  the  people,  the  govern- 
ment is  called  a democracy.  A pure  democracy  can 
exist  only  in  a country  of  limited  territorial  extent.  The 
colony  of  Plymouth  was,  for  a time,  a pure  democracy. 
All  the  freemen  met  together  to  make  laws.  A law 
enacted  in  1G36  imposed  a fine  of  three  shillings  ster- 
ling on  every  one  failing  to  attend  election,  “ without 
due  excuse.”  When  the  population  became  so  widely 
extended  that  it  was  inconvenient  to  meet  in  one 
body,  the  representative  system  was  adopted. 

In  some  of  the  governments  of  Christendom,  the 
three  forms  above  noticed  are  more  or  less  blended. 
The  English  government  is  a limited  monarchy,  but 
in  the  House  of  Lords  it  has  the  aristocratical.  and  in 
the  House  of  Commons  the  republican  element.  In 
that  government,  the  power  of  the  repuMx&n  element 
has  been  gradually  increasing. 


CHAPTER  IV. 


f&*w  IKS  OF  REPRESENTATION— REPRESENTATIVE  INSTRUCTION- 
RELATION  OF  HUMAN  TO  DIVINE  LAW RIGHT  OF  REVOLUTION. 

In  a republic,  the  people  elect  representatives  who 
make  their  laws.  There  are  two  theories  of  repre- 
sentation. The  first,  and  commonly  received  theory, 
regards  representation  as  a mere  matter  of  con- 
venience. It  teaches  that  representatives  are  elected 
by  the  people  because  it  is  not  convenient  for  them  to 
meet  in  a body  and  make  the  laws. 

The  doctrine  of  representative  instruction,  which 
teaches  that  the  representative  is  in  all  things  to  obey 
the  will  of  his  constituents,  that  he  is  to  vote  not 
according  to  his  own  judgment  but  according  to  tho 
instructions  of  his  constituents,  is  a logical  inference 
from  this  theory  of  representation.  If  the  representa- 
tive is  elected  to  do  what  the  people  would  do,  if  it 
were  convenient  for  them  to  assemble,  then  he  is  to  do 
what  the  people  tell  him  to  do. 

It  is  objected  to  this  doctrine  that  it  makes  the 


THE  SCIENCE  OF  GOVERNMENT. 


2V 


representative  a mere  automaton  to  register  the 
decrees  of  a majority  of  his  constituents.  Suppose  an 
important  question  comes  before  Congress  relating  to 
foreign  affairs.  A majority  of  his  constituents  wish  him 
to  vote  for  a measure  which,  from  his  superior  means 
of  information,  he  knows  would  be  disastrous  to  the 
country.  Now,  if  the  representative  must  obey  the 
will  of  his  constituents,  he  must  act  contrary  to  his 
own  judgment,  and  commit  an  act  of  folly,  perhaps 
of  wickedness.  Though  he  have  the  capacity  of  John 
Marshall  or  of  Daniel  Webster,  he  must  yield  his 
convictions,  the  result  of  careful  investigation  and 
profound  thought,  to  the  wills  of  men  influenced, 
it  may  be,  by  their  prejudices  or  led  by  a crafty 
demagogue. 

It  may  be  asked,  Ought  not  the  will  of  the  peo- 
ple to  be  obeyed  ? The  will  of  the  people  should  be 
obeyed  when  it  is  wise  and  right  and  constitutionally 
expressed.  The  people  can  act  authoritatively  in  gov- 
ernment matters,  in  this  country  at  least,  only  by 
means  of  the  ballot-box. 

The  people  are  not  infallible.  No  individual  is  in- 
fallible. Hence  no  collection  of  individuals  can  be 
Infallible.  The  voice  of  the  people  is  not  the  voice 
of  God.  Many  of  the  provisions  of  government  are 
designed  to  prevent  the  hasty  execution  of  the  popu- 
lar will — are  designed  to  give  an  opportunity  for  that 
“sober  second  thought ” which  is. more  nearly  allied 


SO  THE  SCIENCE  OF  GOVERNMENT. 

to  wisdom.  The  doctrine  of  representative  ins  true* 
tion  goes  far  toward  nullifying  these  provisions. 

Another  theory  of  representation  regards  the  rep- 
resentative as  a professional  agent,  who  is  chosen  to 
do  certain  things  according  to  his  best  ability ; chosen 
to  do  them  on  account  of  his  ability.  The  people  are 
under  obligation  to  have  good  laws.  Hence  they  are 
under  obligation  to  use  the  means  best  adapted  to 
that  end.  Hence  they  select  good  and  wise  men  to 
make  their  laws.  They  select  them  that  they  may 
have  the  benefit  of  their  superior  wisdom.  Of  course 
they  must  be  allowed  to  exercise  that  wisdom  unfet- 
tered by  instructions.  They  should  be  restrained  only 
by  the  constitution  and  the  laws  made  in  accordance 
with  the  constitution. 

The  duties  of  a legislator  should  be  prescribed  by 
the  constitution,  not  by  the  leaders  of  a party,  or  by 
a majority  under  the  control  of  said  leaders.  The 
representative  should  conform  to  the  wishes  of  his 
constituents,  so  far  as  he  can  do  so  consistently  with 
fidelity  to  their  interests  and  those  of  the  country. 
A desire  to  please  them  should  not  cause  him  to  neg- 
lect the  duties  he  was  chosen  to  perform. 

A constitution  is  the  fundamental  law  which  de- 
termines the  form  of  the  government,  and  defines  its 
powers.  A State  performs  an  original  act  of  sov- 
ereignty when  it  establishes  or  abolishes  a constitu- 
tion. If  a constitution  comes  in  conflict  with  justice 


THE  SCIENCE  OF  GOVERNMENT. 


31 


fclie  grand  constitutional  law  of  tlie  universe,  it  is  null 
and  void.  The  State  cannot  frame  injustice  into  a 
fundamental  law. 

The  powers  of  the  government  are  limited  bj 
the  constitution.  The  government  can  do  that  only 
winch  the  constitution  authorizes  it  to  do.  The  legis 
lature  has  no  power  to  make  a law  contrary  to  the 
constitution.  A law  so  made  would  possess  no  am 
thority.  It  would  be  declared  null  and  void  by  the 
tribunal  authorized  to  do  so  by  the  constitution. 

No  individual  is  authorized  to  say,  This  law  is 
unconstitutional  and  therefore  not  binding ; I will  not 
obey  it.  He  is  under  obligation  to  obey  every  law 
(excepting  those  contrary  to  the  law  of  God)  until  the 
authorized  tribunal  has  decided  that  it  is  unconstitu- 
tional. Then  it  is  null  and  void. 

Government  cannot  rightfully  do  any  thing  con- 
trary to  the  constitution,  even  though  all  the  people 
were  to  desire  it.  The  will  of  the  people  is  supreme 
only  when  it  is  right  and  constitutionally  expressed. 
The  people  can  change  their  constitution,  but  only  in 
the  mode  pointed  out  by  the  constitution. 

Constitutions  should  not  be  changed  for  slight 
causes.  It  is  better  to  suffer  some  inconveniences  than 
to  lessen,  by  frequent  changes,  the  reverence  felt  for 
the  constitution.  If  constitutions  could  be  changed 
as  easily  as  ordinary  laws,  they  would  have  no  more 
value  than  ordinary  laws. 


32 


THE  SCIENCE  OF  GOVERNMENT. 


Constitutional  law  is  the  highest  human  law.  The 
law  of  God  is  higher  than  all  human  law.  If  any  part 
of  the  constitution,  or  if  any  law  made  in  pursuance 
thereof,  is  contrary  to  the  law  of  God,  it  is  null  and 
void.  “We  ought  to  obey  God  rather  than  men” 
(Acts  v.  29).  Government  or  the  law  can  render  that 
obligatory  which  was  not  previously  obligatory,  but  it 
cannot  change  moral  distinctions.  It  cannot  authorize 
one  to  do  wrong.  It  cannot  nullify  the  law  of  God. 

Questions  relating  to  a conflict  of  the  law  of  the 
land  with  the  law  of  God,  must  be  decided  by  each 
one  for  himself.  There  is  no  divinely  authorized  tribu- 
nal for  the  decision  of  such  questions.  “ Every  one  of 
us  shall  give  account  of  himself  unto  God”  (Rom.  xiv. 
12).  He  must  learn  his  duty  for  himself  and  do  it. 
He  must  avail  himself  of  all  the  assistance  within  his 
reach,  fet  he  must  decide  for  himself.  He  cannot 
throw  the  responsibility  of  decision  on  the  church  or 
on  the  government. 

^ This  will  not,  as  some  suppose,  lead  to  anarchy. 
Some  think  that,  for  every  one  to  decide  for  himself 
whether  a law  is  contrary  to  the  divine  law  or  not, 
and  to  obey  or  disobey  according  to  his  decision,  is  to 
make  obedience  to  law  optional.  One  man,  say  they, 
will  regard  one  law  as  conflicting  with  the  divine 
law,  and  another  will  regard  another  law  as  conflict- 
ing. Thus  every  one  will  do  that  which  is  right  in 
his  own  eyes. 


THE  SCIENCE  OF  GOVERNMENT. 


3:3 


No  such  consequences  will  follo  w the  proper  exer 
rise  of  the  right  of  private  judgment  in  regard  to  du 
ties  connected  with  obedience  to  law.  Suppose  tho 
question  to  arise,  Does  this  law  come  in  conflict  with 
the  law  o i God?  does  it  enjoin  what  God  has  for- 
bidden ? I.  the  conscientious  man,  on  full  considera* 
tion,  comes  to  the  conclusion  that  the  law  does  en- 
join what  God  has  forbidden,  he  will  not  obey  it,  but 
he  will  submit  without  resistance  to  the  penalty  at- 
tached to  disobedience.  He  thus  does  not  set  the  law 
at  defiance.  He  yields  a passive  obedience  by  sub- 
mitting to  the  penalty.  When  every  law  is  thus 
obeyed,  either  actively  or  passively,  there  is  no  danger 
of  anarchy. 

Governments  originating  in  fraud  or  violence  may 
become  legitimate,  and  may  rightfully  claim  obe- 
dience. When  they  have  become  established  and  ful- 
fil the  ends  of  government  as  well  as  any  government 
which  it  might  be  possible  to  establish,  it  is  the  duty 
of  the  people  to  obey  those  governments.  It  is  cer- 
tainly their  duty  to  obey  the  government  they  are 
under,  till  they  can  lawfully  establish  a better  one  in 
its  place.  A government  may  have  no  right  to  com- 
mand, and  yet  it  may  be  the  duty  of  the  people  to 
)bey  till  there  is  a fair  prospect  that  they  can  over- 
throw the  government,  and  substitute  a better  one  in 
its  place,  with  less  suffering  than  continued  obedience 
would  occasion. 

2* 


54 


THE  SCIENCE  OF  GOVERNMENT. 


Every  act  of  injustice  on  tlie  part  of  the  govern* 
ment  does  not  absolve  the  citizen  from  his  obligation 
to  obedience.  Every  act  of  oppression  does  not  justify 
forcible  resistance  to  the  government.  There  is  a 
right  of  revolution ; that  is,  there  are  times  when  it  is 
right  for  a people  to  forcibly  overthrow  the  govern- 
ment. These  times  cannot  be  accurately  defined.  The 
exact  amount  of  oppression  which  justifies  a revolution 
cannot  be  gauged  and  measured.  It  must  be  wellnigh 
intolerable,  and  there  must  be  a fair  prospect  that  a 
revolution  will  be  successful.  No  amount  of  oppres- 
sion would  justify  an  attempt  at  revolution  when  there 
was  no  prospect  of  success.  The  attempt  would  only 
occasion  greater  suffering.  The  worst  kind  of  govern- 
ment is  better  than  anarchy ; that  is,  the  worst  kind 
of  government  is  better  than  no  government.  Anarchy 
is  always  followed  by  military  despotism. 


CHAPTER  V. 


COLONIAL  GOVERNMENTS — CONTINENTAL  CONGRESS-  -REVOLU- 
TIONARY GOVERNMENT. 

The  colonial  governments  had  a powerful  influence 
in  educating  the  American  people  for  self-government. 

The  first  representative  Legislature  in  America  sat 
in  Virginia  in  1619.  Up  to  that  time  the  people  of 
that  colony  were  governed  by  a governor  and  council 
Appointed  by  the  crown.  As  subjects  of  the  king, 
and  entitled  to  all  the  privileges  of  British  subjects, 
they  claimed  the  right  to  be  represented  in  the  govern- 
ment. The  governor,  Sir  George  Yeardly,  called  a 
general  assembly  of  the  representatives  of  the  various 
plantations,  and  permitted  them  to  act  as  a legislature. 

The  Pilgrim  Fathers,  while  on  board  the  May 
Flower,  at  Cape  Cod,  drew  up  the  following  compact 
“In  the  name  of  God,  amen.  We  whose  names  are 
underwritten,  the  loyal  subjects  of  our  dread  sovereign 
lord  King  James,  by  the  grace  of  God  of  Great  Britain, 
France,  and  Ireland,  King,  Defender  of  the  Faith,  &c. 
Having  undertaken,  for  the  glory  of  God  and  the  ad 


36 


THE  SCIENCE  OF  GOVERNMENT. 


vancement  of  the  Christian  faith,  and  the  honor  of  oiu 
king  and  country,  a voyage  to  plant  the  first  colony 
in  the  northern  parts  of  Virginia,  do,  by  these  pres- 
ents, solemnly  and  mutually,  in  the  presence  of  God 
and  one  another,  covenant  and  combine  ourselves  to- 
gether into  a civil  body  politic,  for  our  better  ordering 
and  preservation,  and  furtherance  of  the  ends  afore 
said  ; and  by  virtue  hereof,  do  enact,  constitute,  and 
frame  such  just  and  equal  laws,  ordinances,  acts,  con- 
stitutions, and  officers,  from  time  to  time,  as  shall  be 
thought  most  meet  and  convenient  for  the  general 
good  of  the  Colony;  unto  which  we  promise  all  due 
submission  and  obedience.  In  witness  whereof,  we 
have  hereunto  subscribed  our  names,  at  Cape  Cod,  the 
eleventh  of  November,  in  the  reign  of  our  sovereign 
lord  King  James,  of  England,  France,  and  Ireland 
the  eighteenth,  and  of  Scotland  the  fifty-fourth,  Anno 
Dorn.  1620.” 

This  was  signed  by  John  Carver,  William  Bradford, 
Edward  Winslow,  William  Brewster,  Isaac  Allenton, 
Miles  Standish,  John  Alden,  and  thirty-four  others. 

Under  this  compact  they  elected  a governor  and 
an  assistant  annually.  Subsequently  the  cumber  of 
assistants  was  increased  to  seven.  “The  supreme 
legislative  power  resided  in  and  was  exercised  by  the 
whole  body  of  the  male  inhabitants,  every  freeman, 
who  was  a member  of  the  church,  being  admitted  to 
vote  in  all  public  affairs.”  This  continued  till  102U 


THE  SCIENCE  OE  GOVERNMENT. 


SI 


when  the  settlements  had  become  so  widely  extended 
that  it  was  inconvenient  for  the  people  to  assemble  for 
purposes  of  legislation.  The  representative  system 
was  then  adopted. 

They  thus  continued  to  govern  themselves  till 
2684.  when  an  arbitrary  government  was  established 
over  them,  in  common  with  the  other  New  England 
colonies.  In  1691,  the  colony  of  Plymouth  was  joined 
to  that  of  Massachusetts  by  the  charter  granted  by 
William  and  Mary. 

The  colony  of  Massachusetts  was  planted  under 
the  auspices  of  a corporation  or  company  in  England. 
This  company  had  power  to  elect  a governor,  and 
make  rules  for  the  regulation  of  the  colony.  Thus  the 
government  of  the  colony  was  in  England.  It  was 
ere  long  agreed  that  the  powers  of  the  company  should 
be  transferred  to  the  colony.  Accordingly  such  per- 
sons as  it  was  known  designed  to  emigrate  to  the 
colony,  were  chosen  officers.  The  charter  provided, 
that  the  government  should  be  administered  by  a 
Governor,  Deputy  Governor,  and  eighteen  assistants, 
elected  out  of  the  freemen  of  the  company.  By  free- 
men of  the  company  were  meant  the  members  of  the 
company.  Full  legislative  authority  was  given  by 
the  charter,  only  the  laws  passed  must  not  be  contrary 
to  the  laws  of  England. 

The  officers  chosen  as  above  noticed  came  to 
America  and  brought  tlr  charter  with  them.  Thus 


$8 


THE  SCIENCE  OF  GOVERNMENT. 


the  colony  of  Massachusetts  possessed  the  power  to 
elect  all  its  rulers  and  to  legislate  in  regard  to  aL 
matters,  provided  the  legislation  was  not  contrary  to 
that  of  England. 

The  governments  of  all  the  colonies  were  similar 
in  that  each  had  a governor,  a council  which  ponsti- 
tuted  the  upper  house  of  the  legislature,  and  a lower 
house  elected  "by  the  people.  There  were,  however, 
differences  in  their  organization  so  great  that  Black- 
stone  divided  them  into  three  classes,  the  Provincial, 
the  Proprietary,  and  the  Charter  Governments. 

In  the  Provincial  Governments,  the  king  appointed 
the  governor,  and  gave  him  his  instructions  or  powers. 
The  king  also  appointed  a council  to  assist  the  gov- 
ernor and  to  form  the  upper  house  of  a legislature, 
when  the  governor  summoned  an  assembly  of  represent- 
atives of  the  freeholders  and  planters.  The  governor 
had  a negative  on  all  the  proceedings  of  the  legisla- 
ture, and  could  prorogue  or  dissolve  them  at  pleasure. 
The  legislature  had  authority  to  make  local  laws  not 
contrary  to  the  laws  of  England.  All  such  laws  were 
subject  to  ratification  or  disapproval  by  the  crown. 
The  governor  and  council  had  power  to  establish 
courts  and  appoint  judges,  to  raise  troops  for  defence, 
and  to  exercise  martial  law  in  time  of  invasion,  war, 
and  rebellion.  All  real  power  was  thus  in  the  hands 
of  the  king,  or  of  those  holding  office  at  his  will. 

The  Proprietary  Governments  differed  from  the 


THE  SCIENCE  OF  GOVERNMENT. 


39 


provincial  chiefly  in  this,  that  the  proprietary  su» 
tained  toward  the  government  and  people  a relation 
similar  to  that  of  the  king  in  the  provincial  govern- 
ments. The  governor  was  appointed  by  the  proprie- 
tary, and  the  legislatures  assembled  under  his  au- 
thority. 

In  short,  the  proprietary  exercised  most  of  the 
powers  which  in  the  provincial  governments  belonged 
to  the  crown. 

The  Charter  Governments  were  those  whose  form 
and  powers  were  defined  by  the  charters  granted  by 
the  king.  A charter  was  to  a colonial  government, 
what  a constitution  is  to  a state  government.  In  the 
original  structure  of  the  charters  of  the  early  colonies, 
no  provision  was  made  for  a legislative  body ; but  the 
colonists,  claiming  all  the  rights  and  privileges  of 
Englishmen,  insisted  on  being  represented  in  the 
government.  The  consequence  was,  that  in  every 
colony  there  was  a legislature  modelled  upon  that  of 
the  mother  country. 

It  is  true  that  in  many  cases  the  actual  powei 
possessed  by  the  people,  or  their  representatives,  was 
very  small.  The  English  government  did  not  know 
that  the  forms  of  liberty  would  bring  the  reality. 
The  people  were  rendered  familiar  with  elections,  and 
with  legislative  and  judicial  proceedings.  Hence, 
when  the  authority  of  the  king  was  thrown  off,  they 
were  prepared  at  once  to  replace  such  portions  of  the 


40  THE  SCIENCE  OF  GOVERNMENT. 

machinery  of  government  as  were  removed  by  that 
act.  Hence  there  was  no  interregnum — no  anarchy, 
Had  it  been  the  design  of  the  English  ministers  to 
Vain  the  colonists  to  the  exercise  of  independence,  they 
r ^ild  not  have  chosen  a better  course  than  the  one 
pursued. 

The  colonies  were  separate  and  independent  of 
each  other.  They  were  united  only  in  a common 
relation  to  the  crown  and  mother  country.  Still,  they 
were  in  many  respects  one  people,  and  prepared  to  be- 
come so  in  all  respects.  Being  fellow-subjects  of  the 
king,  each  colonist  could  inhabit  every  other  colony, 
and  inherit  property  in  every  other  colony. 

As  the  colonists  were  entitled  to  all  the  privileges 
of  Englishmen,  they  insisted  that  they  could  not  be 
taxed  without  their  consent — that  taxes  must  be  laid 
by  the  colonial  assemblies.  The  denial  of  the  power 
of  taxation  to  parliament  soon  led  to  the  denial  of  all 
power  to  legislate  for  the  colonies.  Massachusetts  led 
the  way  in  denying  that  parliament  had  any  power 
over  the  colonies.  Allegiance  to  the  crown  was  ad- 
mitted : subjection  to  parliament  denied. 

On  the  other  hand,  parliament  claimed  supreme 
power  over  the  colonies,  and  proceeded  to  exercise 
that  power  by  passing  laws  for  raising  a revenue  in 
the  colonies.  A stamp  act  was  passed.  It  required 
the  colonist  to  use  stamped  paper  for  all  lega)  docu- 
ments. Stamped  par****  could  be  bought  of  th<»  gov 


THE  SCIENCE  OF  GOVERNMENT. 


41 


eminent  only.  The  act  created  great  excitement 
among  the  colonists,  and  was  soon  repealed. 

The  attempt  made  to  raise  a revenue  by  imposing 
duties  oh  articles  imported,  met  with  similar  and  even 
more  determined  opposition.  Remonstrances  and  ap- 
peals to  the  king  and  parliament  being  without  effect, 
Massachusetts  recommended  the  assembling  of  a Con- 
tinental Congress  to  deliberate  on  the  state  of  affairs. 
The  recommendation  was  adopted  by  the  colonies. 
Delegates  were  chosen  in  some  cases  by  the  lower 
houses  of  the  legislatures,  and  in  other  cases  by  con- 
ventions of  the  people.  This  congress  met  in  Phila- 
delphia Sept.  4,  1774.  In  this  congress  a rule  was 
adopted  which  was  adhered  to  till  the  adoption  of  the 
Federal  Constitution.  The  rule  gave  to  each  colony 
one  vote  on  questions  coming  before  congress.  This 
congress  adopted  a Declaration  of  Rights,  and  ad- 
dresses to  the  people  of  England  and  of  the  neighbor- 
ing colonies,  and  to  the  king,  setting  forth  their  griev- 
ances and  claims  for  redress. 

A second  congress  assembled  in  May,  1775.  The 
delegates  were  chosen  partly  by  the  popular  branches 
of  the  legislatures  and  partly  by  conventions  of  the 
people. 

This  congress  took  measures  for  raising  an  army, 
and  appointed  Washington  commander-in-chief.  They 
authorized  the  emission  of  two  million  dollars  in  bills 
of  credit,  and  published  a solemn  declaration  of  the 


12 


THE  SCIENCE  OF  GOVERNMENT. 


causes  of  their  taking  up  arms,  an  address  to  the  king 
and  an  address  to  the  people  of  Great  Britain.  On 
July  4,  1776,  they  declared  independence  of  Great 
Britain. 

From  this  time,  if  not  before,  Congress  assumed 
the  powers  of  a national  government  by  the  general 
consent  of  the  people  of  the  colonies.  It  assumed 
power  to  declare  war  and  make  peace,  to  authorize 
captures,  to  control  military  and  naval  operations,  to 
form  alliances  and  make  treaties,  to  contract  debt  and 
to  issue  bills  of  credit  on  the  faith  of  the  nation. 

It  is  true  that  the  acts  of  Congress  for  the  most 
part  were  in  the  form  of  recommendations,  yet  they 
had  ail  the  authority  of  laws. 

This  government  by  the  Continental  Congress  has 
been  called  the  Revolutionary  government,  in  distinc- 
tion from  the  government  of  the  Confederation.  Till 
the  articles  of  confederation  were  adopted,  the  Con- 
tinental Congress  exercised  the  powers  of  a national 
government. 


CHAPTER  Vh 


THE  CONFEDERATION. 

Oue  revolutionary  fathers  intended  to  form  a gov* 
ernment  for  the  United  States,  as  soon  as  they  had 
declared  them  to  he  independent  of  Great  Britain. 
On  the  11th  day  of  June,  1776,  the  day  on  which  the 
committee  for  preparing  the  Declaration  of  Independ- 
ence was  appointed,  Congress  appointed  a committee 
to  prepare  and  digest  a form  of  Confederation  to  be 
entered  into  by  the  colonies  about  to  become  inde- 
pendent States.  This  committee  consisted  of  one 
member  from  each  colony. 

In  about  a month  the  committee  reported  a draft 
which  was  debated  for  several  days,  and  on  the  20th 
of  August,  Congress,  in  committee  of  the  whole,  re- 
ported a new  draft,  which  was  ordered  to  be  printed 
for  the  use  of  the ’members.  When  the  articles  od 
Confederation  were  agreed  upon  in  Congress,  a cir 
cular  was  addressed  to  the  legislatures  of  the  sev 
eral  States,  requesting  them  to  authorize  their  delo 


44 


THE  SCIENCE  OF  GOVERNMENT. 


gates  in  Congress  to  subscribe  to  the  Articles  of 
Confederation  in  behalf  of  the  States.  The  articles 
were  not  to  be  binding  till  they  were  ratified  by  all 
the  States.  This  ratification  did  not  take  place  till 
March,  1781,  nearly  five  years  after  the  Declaration 
of  Independence. 

The  articles  were  called  “ Articles  of  Confedera- 
tion and  Perpetual  Union  between  the  States.”  It 
was  not  designed  to  form  a national  government,  but 
a league  of  friendship.  The  second  article  declares, 
“ Each  State  retains  its  sovereignty,  freedom,  and  inde- 
pendence, and  every  power,  jurisdiction,  and  right 
which  is  not  by  this  Confederation  expressly  delegated 
to  the  U nited  States  in  Congress  assembled  ; ” and  th$ 
third  article,  “ The  said  States  hereby  severally  entei 
into  a firm  league  of  friendship  with  each  other,  for 
their  common  defence,  the  security  of  their  liberties, 
and  their  mutual  and  general  welfare.” 

Thus  it  appears  that  the  Confederation  was  de- 
signed to  be  merely  a league  between  the  States,  and 
not  a national  government. 

Provision  was  made  for  a Congress  as  follows : 

“ For  the  more  convenient  management  of  the  gen- 
eral interests  of  the  United  States,  delegates  shall  ba 
annually  appointed  in  such  manner  as  the  legislature 
of  each  State  shall  direct,  to  meet  in  Congress  on  the 
first  Monday  in  November  in  every  year,  with  a 
power  reserved  to  each  State  to  recall  its  delegates, 


THE  SCIENCE  OF  GOVERNMENT. 


45 


or  any  of  them,  at  any  time  within  the  year,  and  to 
send  others  in  their  stead  for  the  remainder  of  the 
year. 

“ No  State  shall  be  represented  in  Congress  by  less 
than  two,  nor  by  more  than  seven  members,  and  no 
person  shall  be  capable  of  being  a delegate  for  more 
than  three  years  in  any  term  of  six  years;  nor  shall 
any  person,  being  a delegate,  be  capable  of  holding 
any  office  under  the  United  States,  for  which  he,  or 
another  for  his  benefit,  receives  any  salary,  fees,  or 
emoluments  of  any  kind. 

“ Each  State  shall  maintain  its  own  delegates  in  a 
meeting  of  the  States,  and  while  they  act  as  members 
of  the  committee  of  the  States. 

“In  determining  questions  in  the  United  States  in 
Congress  assembled,  each  State  shall  have  one  vote.” 

It  will  be  observed  that  the  Congress  of  the  Con- 
federation, like  the  Revolutionary  Congress,  consisted 
of  only  one  House ; that  the  members  were  chosen  by 
the  legislatures  of  the  States ; that  they  were  chosen 
for  a year,  but  might  be  recalled  at  any  time  if  the 
legislature  saw  fit  to  do  so ; that  the  salaries  of  the 
members  were  paid  by  the  States  appointing  them 
and  that  the  method  of  voting  was  by  States — eacl 
State  having  one  vote.  A majority  of  the  delegates 
from  a State  determined  the  vote  of  that  State.  If 
they  were  evenly  divided  on  a question,  the  voto  of 
the  State  was  lost. 


46 


THE  SCIENCE  OF  GOVERNMENT. 


TLq  States  were  upon  a footing  of  perfect  equality 
Delaware  had  in  Congress  as  much  power  as  Penn- 
sylvania or  Virginia. 

The  following  were  the  principal  powers  possessed 
by  Congress : “ The  United  States  in  Congress  assem 
bled  shall  have  the  sole  and  exclusive  right  and  power 
of  determining  on  peace  or  war,  except  in  the  cases 
mentioned  in  the  sixth  article ; of  sending  and  receiv- 
ing ambassadors ; entering  into  treaties  and  alliances, 
provided  that  no  treaty  of  commerce  shall  be  made, 
whereby  the  legislative  power  of  the  respective  States 
shall  be  restrained  from  imposing  such  imposts  and 
duties  on  foreigners  as  their  own  people  are  subjected 
to,  or  from  prohibiting  the  exportation  or  importation 
of  any  species  of  goods  or  commodities  whatever ; of 
establishing  rules  for  deciding,  in  all  cases,  what  cap- 
tures on  land  or  water  shall  be  legal,  and  in  what 
manner  prizes  taken  by  land  or  naval  forces,  in  the 
service  of  the  United  States,  shall  be  divided  or  ap- 
propriated; of  granting  letters  of  marque  and  reprisal 
in  times  of  peace ; appointing  courts  for  the  trial  of 
piracies  and  felonies  committed  on  the  high  seas; 
and  establishing  courts  for  receiving  and  determining 
finally  appeals  in  all  cases  of  capture,  provided  that 
no  member  of  Congress  shall  be  appointed  a judge  of 
any  of  the  said  courts. 

“The  United  States  in  Congress  assembled  shall 
also  have  the  sole  and  exclusive  right  and  power  of 


THE  SCIENCE  OF  GOVERNMENT. 


47 


regulating  the  alloy  and  value  of  coin  struck  by  theii 
own  authority,  or  by  that  of  the  respective  States; 
fixing  the  standard  of  weights  and  measures  through- 
out the  United  States ; regulating  the  trade  and  man 
aging  all  affairs  with  the  Indians,  not  members  of  any 
of  the  States,  provided  that  the  legislative  right  of 
any  State  within  its  own  limits  be  not  infringed  of 
violated  ; establishing  and  regulating  post-offices  from 
one  State  to  another  throughout  all  the  United  States, 
and  exacting  such  postage  on  the  papers  passing 
through  the  same  as  maybe  sufficient  to  defray  the  ex 
penses  of  said  office ; appointing  all  the  officers  of  the 
land  forces  in  the  service  of  the  United  States,  except- 
ing regimental  officers;  appointing  all  the  officers  of  the 
naval  forces  and  commissioning  all  officers  whatever 
in  the  service  of  the  United  States  ; making  rules  for 
the  government  and  regulation  of  the  land  and  naval 
forces,  and  directing  their  operations  ; to  appoint  one 
of  their  number  to  preside,  provided  that  no  person 
be  allowed  to  serve  in  the  office  of  President  more 
than  one  year  in  any  term  of  three  years ; to  ascer- 
tain the  sums  of  money  to  be  raised  for  the  service  of 
the  United  States,  and  to  appropriate  and  apply  the 
same  for  defraying  the  public  expenses ; to  borrow 
money  or  emit  bills  of  credit  of  the  United  States,  trans- 
mitting every  half  year  to  the  respective  States  an  ac- 
count of  the  sums  of  money  so  borrowed  or  emitted  ; 
to  build  and  equip  a navy;  to  agree  upon  the  number 


48 


THE  SCIENCE  OF  GOVERNMENT. 


of  the  land  forces,  and  to  make  requisions  from  each 
State  for  its  quota  in  proportion  to  the  number  of 
white  inhabitants  i&  such  State,  which  requisition 
shall  be  binding  v 

It  thus  appears  that  though  the  Confederation  was 
designed  to  be  a league,  a number  of  powers  appropri- 
ate to  a general  government  were  conferred  upon 
Congress.  But  these  grants  of  power  were  fettered 
by  a condition  which  rendered  the  most  important  of 
them  practically  useless.  None  of  those  important 
powers  could  be  exercised  without  the  consent  of  nine 
States,  as  appears  from  the  following : 

“ The  United  States  in  Congress  assembled  shall 
never  engage  in  a war ; nor  grant  letters  of  marque 
and  reprisals  in  time  of  peace;  nor  enter  into  any 
treaty  or  alliances ; nor  coin  money,  nor  regulate  the 
value  thereof;  nor  ascertain  the  sums  and  expenses 
necessary  for  the  defence  and  welfare  of  the  United 
States  or  any  of  them;  nor  emit  bills;  nor  borrow 
money  on  the  credit  of  the  United  States ; nor  appro- 
priate money ; nor  agree  upon  the  number  of  vessels 
to  be  built  or  purchased,  or  the  number  of  land  or  sea 
forces  to  be  raised;  nor  appoint  a commander-in-chief 
of  the  army  or  navy  ; unless  nine  States  assent  to  the 
game.” 

Measures  of  the  utmost  importance  often  failed  in 
Congress  in  consequence  of  this  provision  requiring 
the  assent  of  nine  States,  instead  of  a majority. 


THE  SCIENCE  OF  GOVERNMENT. 


49 


Congress  was  also  to  decide  on  appeal  all  disputes 
arising  between  the  States,  and  to  appoint  a committee 
to  act  during  the  recess  of  Congress.  The  debts  con- 
tracted by  the  Revolutionary  Congress  were  declared 
to  be  good  against  the  Confederation,  and  the  public 
faith  solemnly  pledged  for  their  payment.  N o altera- 
tions could  be  made  in  the  Articles  of  Confederation 
unless  agreed  to  in  Congress,  and  afterwards  confirmed 
by  the  legislature  of  every  State. 

Such  prohibitions  were  laid  on  the  States  as  it  was 
thought  would  prevent  them  from  interfering  with  the 
exercise  of  the  powers  conferred  upon  Congress. 

The  Articles  of  Confederation  made  no  provision 
for  a judiciary.  Congress  could  establish  courts  for 
deter miriining  the  lawfulness  of  capture  at  sea,  but  it 
had  no  power  to  erect  civil  tribunals.  The  only 
courts  in  existence  under  the  confederation  were  State 
courts. 

The  Confederation  had  great  defects,  which  soon 
appeared  in  its  practical  operation.  Congress  had  no 
power  to  execute  its  laws — no  exercise  of  authority. 
Whether  their  measures  were  carried  into  execution, 
or  not,  depended  upon  the  legislatures  of  the  States. 
Washington  wrote:  “The  Confederation  seems  to  me 
to  be  little  more  than  a shadow  without  the  substance; 
and  Congress  a nugatory  body,  their  ordinances  being 
little  attended  to.” 

Congress  had  no  power  to  lay  taxes  and  collect 
3 


50 


THE  SCIENCE  OF  GOVERNMENT. 


revenue.  They  could  apportion  the  suras  needed 
among  the  States,  but  if  any  State  did  not  see  fit  to 
furnish  its  portion,  there  was  no  help  for  it.  There 
are  on  record  many  instances  of  neglect ; Congress 
was  often  without  funds  to  carry  on  the  war  and  meet 
the  public  engagements. 

Congress  had  no  power  to  regulate  commerce,  for- 
eign or  domestic.  Each  State  had  power  to  regulate 
commerce  within  its  own  limits.  In  consequence, 
there  were  no  uniform  regulations.  Our  foreign  com- 
merce was  subject  to  such  regulations  as  foreign  na- 
tions chose  to  make,  since  Congress  had  no  power  to 
make,  in  case  of  injury,  retaliatory  regulations.  The 
result  was  the  ruin  of  our  navigation,  and  great  in- 
jury to  all  the  interests  connected  with  it. 

There  were  not  wanting  statesmen  who  saw  at  the 
outset  the  defects  of  the  Confederation,  and  labored  tc 
correct  them,  but  State  jealousies  prevented  the  grant 
ing  to  Congress  of  the  powers  necessary  to  an  efficient 
government. 

After  the  close  of  the  war,  the  stimulus  of  danger 
being  removed  from  the  States,  the  defects  of  the  Con- 
federation were  more  fully  developed.  The  treaties 
entered  into  by  Congress  were  disregarded  by  some 
of  the  States ; the  sums  required  to  be  paid  into  tho 
treasury  were  not  paid.  The  entire  prostration  of 
public  credit,  the  dissensions  among  the  States,  and 
the  utter  neglect  with  which  the  resolves  of  Congres* 


THE  SCIENCE  OF  GOVERNMENT. 


51 


were  treated,  threatened  the  most  alarming  conse- 
quences. The  time  seemed  rapidly  approaching  when, 
to  use  the  language  of  Washington,  it  would  be  a 
subject  of  “ regret  that  so  much  blood  and  treasure 
have  been  lavished  for  no  purpose,  that  so  many  suf- 
ferings have  been  encountered  without  compensation, 
find  that  sc  many  sacrifices  have  been  made  in  vain.” 


CHAPTER  VIL 


FORMATION  OF  THE  CONSTITUTION 

In  view  of  the  defects  of  the  Confederation,  the 
necessity  of  a stronger  government  was  apparent  to 
most  of  the  leading  statesmen  of  the  day.  Quite  a 
number  were  active  and  earnest  in  preparing  the  pub- 
lic mind  for  a change,  but  the  two  most  prominent 
were  James  Madison  and  Alexander  Hamilton. 

Madison  was  the  first  to  make  a public  movement 
in  the  right  direction.  In  the  spring  of  1784  he  be- 
came a candidate  for  a seat  in  the  Legislature  of  Vir- 
ginia, that  if  elected,  he  might  influence  that  body  to 
take  some  measures  toward  giving  the  country  a gov- 
ernment that  would  secure  the  freedom  that  had 
been  so  dearly  purchased.  He  was  elected,  but  found 
it  difficult  to  make  the  desired  impression.  He  found 
the  majority  exceedingly  averse  to  any  measures  hav- 
ing a tendency  to  transfer  power  from  the  State  to  the 
United  States. 

He  finally,  after  about  two  years  labor,  succeeded 


THE  SCIENCE  OF  GOVEBNMENT. 


53 


in  causing  the  legislature  to  pass  the  following  resolu- 
tion : 

“ fiesolved,  That  Messrs.  Randolph,  Madison,  Jones, 
Tucker,  and  Lewis,  be  appointed  Commissioners,  who, 
or  any  of  whom,  shall  meet  such  Commissioners  as 
may  be  appointed  by  other  States  in  the  Union,  to 
take  into  consideration  the  trade  of  the  United  States, 
to  consider  how  far  a uniform  system  in  their  commer- 
cial regulations  may  be  necessary  to  their  common 
interests  and  permanent  harmony,  and  to  report  to  the 
several  States  such  an  act  relative  to  this  great  object 
as,  when  unanimously  ratified  by  them,  will  enable  the 
United  States  effectually  to  provide  for  the  same.  ” 

By  the  articles  of  confederation,  Congress  could  not 
impose  a tariff  for  revenue  or  for  the  protection  of 
domestic  industry.  The  evils  resulting  from  this  lack 
of  power  had  been  so  numerous  and  palpable,  that 
Madison  succeeded  in  securing  the  votes  of  a majority 
of  his  fellow  legislators  to  the  resolution  above  given. 
Had  he  proposed  to  them  the  formation  of  a new 
government,  the  plan  of  which  was  already  clearly 
defined  in  his  own  mind,  the  proposition  would  doubt- 
ess  have  been  voted  down  by  an  overwhelming 
majority.  He  knew  the  men  with  whom  he  was  deal- 
ing, and  proceeded  with  the  caution  of  wisdom. 

Randolph,  Tucker,  and  Madison  attended  the  con- 
vention which  met  at  Annapolis  in  September,  1786. 
Very  little  interest  in  the  movement  was  felt  by  the 


54 


THE  SCIENCE  OF  GOVERNMENT. 


people.  Only  five  States  were  represented  in  the  con 
vention,  viz. : New  York,  New  Jersey,  Pennsylvania 
Delaware,  and  Virginia. 

Connecticut,  Maryland,  South  Carolina,  and  Geor- 
gia did  not  appoint  delegates.  New  Hampshire,  Mas* 
sachusetts,  Rhode  Island,  and  North  Carolina  ap- 
pointed delegates,  hut  they  failed  to  attend  the  con- 
vention. 

The  friends  of  the  Union  as  it  ought  to  be,  were 
everywhere  active  in  urging  the  necessity  of  a re- 
form. They  seldom,  if  ever,  advocated  any  thing  more 
than  such  an  amendment  of  the  Articles  of  Confedera- 
tion as  would  enable  Congress  to  conduct  national 
affairs  in  an  efficient  manner.  Their  arguments,  as- 
sisted by  the  logic  of  events,  began  to  have  a percep- 
tible influence  on  the  public  mind.  During  the  inter- 
val between  the  appointment  of  delegates  to  the  con- 
vention and  the  time  of  its  meeting,  there  was  an 
evident  advance  of  public  opinion  in  the  desired  direc- 
tion. In  consequence  of  this,  the  convention,  under 
the  lead  of  Madison  and  Hamilton,  declined  to  enter 
upon  the  limited  task  assigned  it,  and  recommended 
to  Congress  to  call  a convention  with  powers  ade- 
quate to  the  occasion.  The  report  containing  this  rec- 
ommendation was  drawn  up  by  Alexander  Hamilton. 
It  proposed  the  appointment  by  the  States,  of  com- 
missioners to  meet  in  Philadelphia,  “ to  take  into  con- 
sideration the  state  of  the  United  States,  to  devise 


THE  SCIENCE  OB  GOVERNMENT. 


55 


such  further  provisions  as  shall  appear  to  them  neces* 
eary  to  render  the  Constitution  of  the  Federal  Gov 
ernment  adequate  to  the  exigencies  of  the  Union,  and 
to  report  such  an  act  for  that  purpose  to  the  United 
States,  in  Congress  assembled,  as  when  agreed  to 
by  them  and  afterwards  confirmed  by  the  legisla 
tures  of  every  State,  shall  effectually  provide  for  the 
same.” 

This  recommendation  was  first  acted  upon  by  the 
legislature  of  Virginia,  by  whom  it  received  an  unan- 
imous approval.  New  York  was  the  next  State  that 
moved  in  the  matter.  The  legislature  instructed  its 
delegation  in  Congress  to  move  a resolution  recom- 
mending to  the  States  the  appointment  of  delegates 
to  meet  in  convention  for  the  purpose  of  proposing 
amendments  to  the  Articles  of  Confederation. 

On  the  29th  of  February,  1787,  a resolution  was 
moved  and  carried  in  Congress,  recommending  a con- 
vention to  meet  in  Philadelphia  in  May  ensuing.  Del- 
egates were  in  due  time  appointed  by  all  the  States 
except  Rhode  Island. 

The  14th  of  May  was  the  day  appointed  for  the 
opening  of  the  convention.  As  only  a small  number 
of  the  delegates  had  arrived  on  that  day,  the  conven- 
tion did  not  open  till  the  25th  of  May.  There  were 
then  present  twenty-nine  delegates  from  nine  States. 
Other  delegates  soon  came  in  till  the  whole  numbei 
was  fifty-five.  This  assembly  is  known  in  historj 


56 


THE  SCIENCE  OF  GOVERNMENT. 


as  the  Federal  Convention — the  convention  which 
framed  the  Federal  Constitution.  It  embodied  as 
large  an  amount  of  patriotism,  talent,  and  wisdom  as 
was  ever  assembled  in  this  or  in  any  other  land.  There 
were  Washington,  and  Hamilton,  and  Madison,  and 
Franklin,  and  King,  and  Sherman,  and  Ellsworth,  and 
Pinckney,  and  Livingston,  and  Robert  Morris,  and 
Gouverneur  Morris,  and  Dickinson,  and  Wilson,  and 
many  others  scarcely  less  distinguished  for  talent  and 
public  services.  If  these  men  fail  in  their  solemn 
efforts,  what  can  be  expected  from  human  wisdom  ? 

Mr.  Madison,  who  was  not  absent  a single  day 
from  the  debates  of  the  convention,  says  of  its  mem- 
bers : “ I feel  it  my  duty  to  express  my  profound  and 
solemn  conviction,  derived  from  my  intimate  opportu- 
nity for  observing  and  appreciating  the  views  of  the 
convention,  collectively  and  individually,  that  there 
never  was  an  assembly  of  men  charged  with  a great 
and  arduous  trust,  who  were  more  pure  in  their  mo- 
tives, or  more  exclusively  and  anxiously  devoted  to 
the  object  committed  to  them,  than  were  the  members 
of  the  Federal  Convention  of  1787  to  the  object  of 
devising  and  proposing  a constitutional  system  which 
should  best  supply  the  defects  of  that  which  it  was  to 
replace,  and  best  secure  the  permanent  liberty  and 
happiness  of  their  country.” 

Robert  Morris,  in  behalf  of  the  delegation  from 
Pennsylvania,  nominated  Washington  as  the  presiding 


THE  SCIENCE  OF  GOVERNMENT. 


67 


office  of  the  convention.  Franklin  would  have  made 
the  nomination,  but  was  prevented  by  ill  health  from 
being  present.  Franklin  was  the  only  man  in  the 
convention  besides  Washington,  who  could  be  sup- 
posed to  have  any  claims  to  the  chair.  Washington 
was  unanimously  chosen. 

The  convention  adopted  as  one  of  its  rules,  “ That 
nothin-  spoken  in  the  house  be  printed  or  otherwise 
published  or  communicated  without  leave.’5  Thus 
the  proceedings  of  the  convention  were  secret.  Mr. 
Madison  perceiving  the  interest  which  posterity  would 
take  in  said  proceedings,  made  a daily  record  of  the 
same.  This  record  was  carefully  preserved,  and,  after 
his  death,  published  by  order  of  Congress.  We  have 
thus  a tolerably  full  report  of  the  daily  progress  of 
the  convention  in  forming  the  Constitution  of  the 
United  States. 

Mr.  Randolph,  of  Virginia,  opened  the  main  busi- 
ness of  the  convention  by  a speech,  in  which  he  set 
forth  the  defects  of  the  Confederation,  and  then  offered 
fifteen  resolutions  which  were  designed  to  furnish  ma- 
terials for  the  action  of  the  convention.  These  resolu- 
tions embodied  the  outlines  of  a plan  of  government 
of  which  we  find  notices  in  the  previous  correspond- 
ence of  Madison  with  Washington,  Jefferson,  Ran- 
dolph, and  others.  It  is  fair,  therefore,  to  infer  that  the 
plan  of  government  presented  by  Randolph  in  his 
fifteen  resolutions  originated  with  Madison. 

3* 


58 


THE  SCIENCE  OF  GOVERNMENT. 


The  following  is  a brief  outline  of  the  plan.  It 
proposed  a National  Government  with  a division  of 
powers  into  the  legislative,  judicial,  and  executive  de- 
partments. It  will  be  remembered  that  the  Articles  of 
Confederation  made  no  provision  for  judicial  and  ex- 
ecutive departments. 

It  proposed  that v the  national  legislature  should 
consist  of  two  branches,  the  members  of  the  first 
branch  to  be  elected  by  the  people  of  the  several 
States — the  members  of  the  second  branch  to  be 
elected  by  the  first  branch  out  of  a proper  number 
nominated  by  the  State  legislatures. 

It  proposed  that  the  national  legislature  have 
power  to  legislate  on  all  matters  of  national  interest, 
and  in  all  cases  in  which  the  States  were  incompetent 
to  legislate,  and  that  the  national  legislature  have  a 
negative  on  all  State  laws  contravening  the  articles 
of  union,  and  that  the  right  of  suffrage  in  the  national 
legislature  be  proportioned  to  the  quota  of  contribu- 
tion to  national  expenses,  or  to  the  number  of  free 
inhabitants.  This  would  have  deprived  the  small 
States  of  their  equality  with  the  large  States,  and 
would  have  given  no  place  to  slave  representation. 
From  the  outset,  Madison  designed  to  form  a free 
constitution. 

It  proposed  that  there  should  be  a national  ju 
dici&ry,  to  consist  of  one  or  more  supreme  tribunals 


THE  SCIENCE  OF  GOVERNMENT.  59 

find  inferior  ones,  and  tliat  tlie  national  executive  be 
chosen  by  the  national  legislature. 

It  proposed  that  provision  be  made  for  the  admis- 
sion of  new  States  to  the  Union,  and  that  a republican 
form  of  government  be  guaranteed  to  each  State,  and 
that  the  legislative,  judicial,  and  executive  powers  of 
the  several  States  be  bound  by*  oath  to  support  the 
Articles  of  Union. 

All  the  above  features  are,  with  some  modifications, 
contained  in  the  constitution.  There  was  one  which 
was  not  adopted.  It  proposed  that  there  should  be  a 
council  to  decide  on  the  constitutionality  of  laws — 
that  the  national  executive,  with  a convenient  number 
of  the  national  judiciary,  should  compose  a council  of 
revision  to  examine  every  act  of  the  national  legisla 
ture  before  it  should  go  into  operation,  and  every  act 
of  a State  legislature  before  the  veto  on  it  should  be 
final.  The  power  of  deciding  the  constitutionality  of 
laws  is  by  the  constitution  conferred  on  the  Supreme 
Court. 

Such  was  the  plan  of  government  presented  to  the 
convention  by  the  resolutions  offered  by  Mr.  Randolph. 
They  were  referred  to  the  Committee  of  the  Whole  on 
the  state  of  the  Union.  Mr.  Charles  Pinckney,  of 
South  Carolina,  then  presented  a plan  of  governmen 
possessing  supreme  legislative,  executive,  and  judicia. 
powers.  This  was  also  referred  to  the  Committee  of 
*he  Whole. 


60 


THE  SCIENCE  OF  GOVERNMENT. 


The  resolutions  of  Mr.  Randolph  were  debated 
from  day  to  day  in  the  Committee  of  the  Whole,  till 
the  13th  of  June — nearly  three  weeks — when  the  com 
mittee  reported  to  the  convention  nineteen  resolutions, 
founded  upon  those  proposed  by  Mr.  Randolph.  Of 
these  nineteen  resolutions,  the  first  that  was  passed 
was  the  following:  “Resolved,  That  a national  gov 
ernment  ought  to  be  established,  with  a supreme  legis* 
lative,  executive,  and  judiciary.” 

When  the  convention  assembled,  a large  majority 
of  its  members  supposed  that  the  only  work  before 
them  was  that  of  amending  the  Articles  of  Confedera- 
tion; but  the  discussions  that  took  place  soon  con- 
vinced a majority  that  a change  of  system  was  neces* 
sary,  and  hence  they  voted,  not  that  the  Articles  of 
Confederation  ought  to  be  amended,  but  that  a na- 
tional government  ought  to  formed.  From  that  timo 
forward  they  addressed  themselves  to  that  work. 
Madison,  Hamilton,  and  other  prime  movers  in  call- 
ing the  convention,  had  from  the  first  the  formation 
of  such  a government  in  view. 

These  nineteen  resolutions,  which  received  the 
votes  of  the  majority  of  the  convention  in  the  Com- 
mittee of  the  Whole  embraced  the  outlines  of  the  fol- 
lowing plan  of  government,  viz. : a national  legisla- 
ture to  consist  of  two  braqches,  the  first  branch  o t 
lower  house  to  be  elected  by  the  people  for  t\  ree 
years ; the  second  or  upper  house  to  be  elected  bi  th* 


THE  SCIENCE  OF  GOVERNMENT. 


61 


Stele  legislatures  for  seven  years ; the  legislature  to 
have  powers  superior  to  those  of  the  Confederation ; 
the  suffrage  in  the  legislature  to  be  according  to  the 
number  of  free  persons  and  three-fifths  of  other  per- 
sons ; the  national  executive  to  be  chosen  for  seven 
years,  and  to  be  ineligible  for  a second  term,  with 
power  similar  to  those  now  possessed  by  the  Presidenl 
of  the  United  States;  a national  judiciary,  with  suita- 
ble powers ; the  whole  plan  to  be  submitted  to  assem- 
blies chosen  for  the  express  purpose  of  ratifying  or 
rejecting  it. 

Some  progress  had  thus  been  made,  not  in  amend 
mg  the  Articles  of  Confederation,  not  in  forming  a 
league  between  the  States,  but  in  forming  a govern- 
ment for  the  United  States.  This  progress  was  made 
not  without  great  difficulty.  There  were  some  influ- 
ential men  in  the  convention  who  clung  to  the  old 
Confederation,  and  were  unwilling  that  any  consider- 
able increase  of  power  should  be  given  to  the  govern- 
ment of  the  Union.  The  small  States  were  unwilling 
to  surrender  the  equality  of  suffrage  which  they  en- 
joyed under  the  Confederation.  But  by  patient  and 
able  discussion,  forbearance,  and  concession,  progress 
was  made.  Resolutions  were  offered,  debated,  post- 
poned, called  up  again,  passed,  reconsidered,  amended, 
and  again  perhaps  postponed,  and  others  proposed  in 
their  place,  till  at  length  the  majority  agreed  upon 
the  nineteen  resolutions.  This  was  on  the  13th  of 
June. 


62 


THE  SCIENCE  OF  GOVERNMENT. 


On  the  15th  of  June,  Mr.  Patterson,  of  New  Jersey, 
laid  before  the  convention  a plan  which  he  and  some 
others  wished  to  have  substituted  for  the  one  embodied 
in  the  nineteen  resolutions.  His  plan  proposed  that 
the  Articles  of  Confederation  be  revised,  that  the 
powers  of  Congress  be  enlarged  with  respect  to  the 
revenue  and  the  regulation  of  commerce,  that  Con- 
gress appoint  an  executive  with  power  to  execute  the 
Federal  Acts,  that  a Federal  Judiciary  be  established, 
and  that  the  Acts  of  Congress  in  accordance  with  the 
Articles  of  Confederation  and  treaties  made  and  ratifi- 
ed under  the  authority  of  the  same,  be  the  supreme 
law  of  the  land. 

The  resolutions  of  Mr.  Patterson  were  referred  to 
the  Committee  of  the  Whole,  to  which  committee  the 
nineteen  resolution  were  again  referred. 

The  two  plans  were  now  fairly  before  the  conven- 
tion. It  was  admitted  that  the  one  aimed  at  perpet- 
uating a league  between  the  States;  that  the  other 
aimed  at  forming  a national  government  acting  upon 
individuals.  u The  true  question,”  said  Mr.  Ran- 
dolph, “ is  whether  we  shall  adhere  to  the  Federal 
plan,  or  introduce  the  national  plan.  A national  gov- 
ernment alone  properly  constituted  will  answer  our 
purpose.” 

The  debate  on  these  two  sets  of  resolutions  con- 
tinued for  four  days,  when  the  committee  reported  the 
nineteen  resolutions  without  alteration.  The  convert 


THE  SCIENCE  OE  GOVERNMENT. 


63 


fcion  voted  by  States,  each  State  having  one  'vote. 
The  votes  on  this  occasion  were  as  follows:  For  tho 
national  plan,  Massachusetts,  Connecticut,  Pennsyl* 
vania,  Virginia,  North  Carolina,  South  Carolina,  and 
Georgia — seven  States. 

For  the  league  plan,  New  York,  New  Jersey,  and 
Delaware — three  States.  The  vote  of  Maryland  was 
divided. 

Messrs.  Yates  and  Lansing,  delegates  with  Hamil- 
ton from  New  York,  cast  the  vote  of  that  State  in 
opposition  to  the  well-known  views  of  their  colleague. 

It  was  during  this  debate  that  Hamilton  for  the 
first  time  addressed  the  convention,  and  gave  the 
outline  of  a plan  of  government  which  he  would  like 
to  see  adopted.  “ He  did  not  mean,”  he  said,  “ to 
offer  the  paper  he  had  sketched  as  a proposition.  It 
was  meant  only  to  give  a more  correct  view  of  his 
ideas,  and  to  suggest  the  amendments  he  should  prob- 
ably propose  to  the  plan  of  Mr.  Randolph,  in  the 
proper  stages  of  its  future  discussion.  The  following 
is  a very  condensed  view  of  his  plan : 

The  supreme  legislative  power  to  be  Arested  in  an 
assembly  and  senate ; the  members  of  the  assembly 
to  be  chosen  by  the  people  for  three  years ; the  mem- 
bers of  the  senate  to  be  chosen  by  electors  chosen  by 
the  people ; senators  to  serve  during  good  behavior. 

The  supreme  executive  authority  to  be  vested  in  a 
governor,  to  ser^e  during  good  behavior ; his  election 


64 


THE  SCIENCE  OF  GOVEKNMEN/. 


to  be  made  by  electors  chosen  by  electors  chosen  by 
the  people.  The  governor  to  have  an  unqualified  veto 
on  all  the  acts  of  the  legislature,  to  have  the  sole  ap- 
pointment of  the  heads  of  departments,  and  to  have 
the  nomination  of  all  other  officers  subject  to  the  ad 
vice  and  consent  of  the  Senate. 

The  Senate  to  have  the  sole  power  of  declaring 
war,  and  of  advising  and  approving  treaties. 

A national  judiciary  to  be  instituted,  the  judges 
to  hold  office  during  good  behavior. 

The  governors  of  each  State  to  be  appointed  by 
the  General  Government,  and  to  have  a negative  on 
all  the  acts  of  the  State  legislatures. 

All  the  laws  of  the  States  contrary  to  the  Constitu 
tion  and  laws  of  the  United  States  to  be  null  and 
void. 

The  convention  had  now,  after  much  discussion 
and  with  great  difficulty,  decided  on  forming  a con- 
stitution for  a National  Government.  Much  as  they 
had  done,  they  had  only  made  a beginning.  To 
agree  upon  the  details  of  the  general  plan  was  found 
to  be  difficult — wellnigh  impossible. 

In  view  of  these  difficulties,  Franklin  proposed  that 
prayer  should  be  resorted  to,  and  prefaced  his  proposal 
with  the  following  remarks : 

“ In  the  beginning  of  the  contest  with  Great  Britain, 
when  we  were  sensible  of  danger,  we  had  daily  prayei 
in  this  room  for  the  divine  protection.  Our  prayer# 


TBE  SCIENCE  OF  GOVERNMENT. 


63 


sir,  were  leard,  and  they  were  graciously  answered 
All  of  us  who  were  engaged  in  the  struggle,  must 
have  observed  frequent  instances  of  a superintending 
Providence  in  our  favor.  To  that  kind  Providence  we 
owe  this  happy  opportunity  of  consulting  in  peace  on 
the  means  of  establishing  our  future  national  felicity, 
and  have  we  now  forgotten  that  powerful  friend  ? Or 
do  we  imagine  that  we  no  longer  need  His  assistance  ? 
I have  lived,  sir,  a long  time,  and  the  longer  I live,  the 
more  convincing  proofs  I see  of  this  truth,  That  God 
governs  in  the  affairs  of  men.  And  if  a sparrow 
cannot  fall  to  the  ground  without  His  notice,  is  it 
probable  that  an  empire  can  rise  without  His  aid  ? 
We  have  been  assured,  sir,  in  the  sacred  writings,  that 
except  the  Lord  build  the  house,  they  labor  in  vain 
that  build  it.  I firmly  believe  this,  and  I also  believe 
that  without  His  concurring  aid,  we  shall  succeed  in 
this  political  building  no  better  than  the  builders  of 
Babel.  We  shall  be  divided  by  our  little  partial, 
local  interests,  our  projects  will  be  confounded,  and 
we  ourselves  shall  become  a reproach  and  by-word 
down  to  future  ages.  And  what  is  worse,  mankind 
may  hereafter  from  this  unfortunate  instance,  despair 
of  establishing  governments  by  human  wisdom,  and 
leave  it  to  chance,  war,  and  conquest.  I therefore  beg 
leave  to  move,  that  henceforth  prayers  imploring  tho 
assistance  of  Heaven,  and  its  blessing  on  our  delibera- 
tions, be  held  in  this  assembly  every  morning  before 


66 


THE  SCIENCE  OF  GOVERNMENT. 


we  proceed  to  business,  and  that  one  or  more  of  the 
clergy  of  this  city  be  requested  to  officiate  in  that 
service.” 

Washington  said, in  a letter  to  a friend:  “ I almost 
despair  of  seeing  a favorable  issue  to  the  proceedings 
of  the  convention,  and  I do  therefore  regret  that  I have 
had  any  agency  in  the  business.”  This  was  written 
by  one  who,  during  the  long,  dark  hours  of  the  Revo- 
lution, never  despaired  of  the  republic.  The  danger 
of  failure  in  constructing  our  government  must  have 
been  very  great. 

By  the  wise  and  conciliatory  course  pursued  by  the 
leaders  of  the  convention,  it  was  kept  together,  and 
the  debates  continued  till  the  twenty-third  of  July, 
when  the  majority  had  come  to  an  agreement  as  to  the 
leading  provisions  of  the  Constitution  in  process  of 
formation.  Mr.  Gerry,  of  Massachusetts,  then  moved 
“ that  the  proceedings  of  the  convention  for  establish- 
ing a national  government  (excepting  that  part  re- 
lating to  the  executive)  be  referred  to  a committee  to 
prepare  and  report  a constitution  conformable  there- 
to.” Messrs.  Rutledge,  Gorham,  Randolph,  Ells- 
worth, and  Wilson,  were  appointed  on  this  committee 
of  detail. 

Three  days  afterwards,  the  proceedings  of  the  con 
vention  respecting  the  executive  were  referred  to  the 
same  committee.  The  convention  then  adjourned  till 
the  sixth  of  August,  that  the  committee  might  have 
time  to  prepare  and  report  a constitution. 


THE  SCIENCE  OF  GOVEKNMENT. 


67 


On  the  sixth  of  August  the  committee  of  detail  r© 
ported  a constitution  of  twenty-three  articles.  These 
articles  embodied  the  substance  of  the  resolutions 
which  had  been  adopted  by  the  convention.  This  re- 
port was  on  the  seventh  referred  to  the  Committee  of 
the  Whole.  It  was  then  debated  article  by  article 
about  four  weeks.  During  these  debates  many  amend- 
ments and  modifications  were  made. 

On  the  eighth  of  September,  a committee  was  ap- 
pointed to  revise  the  style  and  arrange  the  articles 
which  had  been  agreed  upon.  This  work  of  revision 
and  arrangement  was  mainly  performed  by  Gouverneur 
Morris.  On  the  twelfth  of  September,  the  committee 
reported  the  constitution  as  revised  and  arranged, 
together  with  the  draft  of  a letter  to  Congress. 

The  Constitution  was  still  before  the  convention, 
and  the  debates  continued  till  the  seventeenth  of  Sep- 
tember, when  the  last  amendment  was  made  at  the 
suggestion  of  Washington.  The  Constitution,  as  re- 
ported, declared  that  “ the  number  of  representatives 
6hall  not  exceed  one  for  every  forty  thousand.”  This 
had  occasioned  great  discussion.  On  Mr.  Gorham’3 
moving  to  strike  out  forty  and  insert  thirty  thousand, 
Washington  remarked:  “ That  although  his  situation 
bad  hitherto  restrained  him  from  offering  his  senti 
ments  on  questions  depending  in  the  house,  and,  it 
might  be  thought,  ought  now  to  impose  silence  upon 
him,  yet  he  could  not  forbear  expressing  his  wish  that 


58 


THE  SCIENCE  OF  GOVERNMENT. 


the  alteration  proposed  might  take  place  It  was 
much  to  be  desired  that  the  objections  tc  the  plan 
recommended  might  be  made  as  few  as  possible.  The 
smallness  of  the  proportion  of  representatives  had 
been  considered  by  many  members  of  the  convention 
as  an  insufficient  security  for  the  rights  and  interest  of 
the  people.  He  acknowledged  that  it  had  always  ap- 
peared to  himself  among  the  exceptionable  parts  of 
the  plan,  and  late  as  was  the  present  moment  for  ad- 
mitting amendments,  he  thought  this  of  so  much  con 
sequence  that  it  would  give  him  great  satisfaction  to 
see  it  adopted.”  The  amendment  was  agreed  to 
unanimously.  The  above  were  the  only  remarks  made 
by  Washington  in  the  convention. 

On  the  17th  of  September,  the  Constitution,  as 
finally  amended,  was  signed  by  all  the  members  of 
the  convention  except  Messrs.  Randolph  and  Mason, 
of  Virginia,  and  Mr.  Gerry,  of  Massachusetts.  Proba- 
bly there  was  not  a single  member  who  was  fully 
satisfied  with  it,  yet,  with  the  above-named  exceptions, 
they  gave  it  their  signatures  and  support,  believing  it 
to  be  the  best  that  could  be  obtained. 

Previous  to  signing  it  Dr.  Franklin  remarked : “ I 
confess  there  are  several  parts  of  the  Constitution 
which  I do  not  at  present  approve,  but  I am  not  sure 
that  I never  shall  approve  them,  for  having  lived  long, 
I have  often  been  obliged  by  better  information  or  by 
fuller  consideration  to  change  opinions  even  on  ira* 


THE  SCIENCE  OF  GOVERNMENT 


69 


portant  subjects.”  “ I doubt  whether  any  other  con 
vention  we  can  obtain  may  be  able  to  make  a better 
constitution.  For  when  you  assemble  a number  of 
men  to  have  the  advantage  of  their  joint  wisdom,  you 
inevitably  assemble  with  those  men  all  their  preju- 
dices, their  passions,  their  errors  of  opinion,  their  local 
interests  and  selfish  views.  From  such  an  assembly 
can  a perfect  production  be  expected  ? It  therefore 
astonishes  me  to  find  this  system  approaching  so  near 
to  perfection  as  it  does.  I consent  to  the  constitution 
because  I expect  no  better,  and  because  I am  not  sure 
it  is  not  the  best.” 

Hamilton  remarked:  “ No  man’s  ideas  were  more 
remote  from  the  plan  than  his  own  were  known  to 
be ; but  is  it  possible  to  deliberate  between  anarchy 
and  convulsion  on  one  side,  and  the  chance  of  good  to 
be  expected  from  the  plan  on  the  other  ? ” His  con- 
cluding remark  was,  “It  is  the  best  the  present  situa* 
lion  and  circumstauces  of  the  cc untry  will  permit.”. 


CHAPTER  VHL 


ADOPTION  OF  THE  CONSTITUTION* 

■ ; / \ . 

When  the  Constitution  was  completed  and  signed 

by  the  members  of  the  convention,  it  was  laid  before 
Congress — the  Congress  of  the  Confederation.  Con- 
gress referred  it  to  the  legislatures  of  the  several 
States,  who  called  conventions  chosen  by  the  people 
to  adopt  or  reject  it. 

When  the  Constitution  was  published  and  spread 
before  the  people,  it  met  with  vigorous  opposition  from 
mistaken  patriots  and  selfish  politicians.  Among  the 
former  were  such  men  as  Patrick  Henry,  of  Virginia, 
and  Samuel  Adams,  of  Massachusetts — men  whose 
honesty  and  love  of  country  were  beyond  the  shadow 
of  a doubt.  They  knew  that  men  who  possessed 
power  were  liable  to  abuse  it — that  history  was  filled 
with  examples  of  the  abuse  of  power.  Hence  they 
were  unwilling  to  trust  the  General  Government  with 
the  powers  conferred  upon  it  by  the  Constitution. 
They  thought  the  only  safeguards  of  liberty  lay  in 


THE  SCIENCE  OF  GOVERNMENT. 


71 


each  State  retaining  nearly  all  the  powers  which  prop- 
erly belong  to  an  independent  nation.  This  could  not 
be,  if  the  Constitution  and  laws  of  the  United  States 
were  to  be  “ the  supreme  law  of  the  land.” 

They  saw  in  the  President  of  the  United  States  a 
disguised  king ; and  this  would  probably  have  pre- 
vented the  adoption  of  the  Constitution,  had  it  not 
been  regarded  as  certain  that  Washington  would  be 
the  first  President.  All  honest  men  felt  that  power 
in  his  hands  would  be  safe.  Probably  the  character 
of  Washington  had  more  to  do  with  the  adoption  of 
the  Constitution,  than  the  arguments  that  were  urged 
m favor  of  its  provisions. 

The  ablest  men  of  the  country  employed  their 
pens  in  explaining  and  defending  the  Constitution. 
Foremost  among  these  were  James  Madison,  Alexan- 
der Hamilton,  and  John  Jay.  The  articles  published 
by  them  in  the  public  papers  under  the  title  of  the 
Federalist,”  constitute  a most  interesting  and  able 
commentary  on  the  Constitution.  We  have  in  it  the 
interpretation  of  the  Constitution  by  its  framers,  who 
were  fully  competent  to  tell  us  what  they  meant  to  do. 

The  people  of  the  United  States  were  divided  into 
two  parties,  viz.,  those  who  favored  and  those  who 
opposed  the  adoption  of  the  Constitution.  The  former 
were  called  Federalists,  and  the  latter  Anti-Federal 
ists. 

The  conventions  called  by  the  State  legislatures  to 


72 


THE  SCIENCE  OF  GOVERNMENT. 


consider  the  Constitution,  met  at  different  times  id 
different  States.  The  convention  of  Delaware  adopted 
the  Constitution  Dec..  7,  1787;  Pennsylvania  adopted 
it  Dec.  12,  1787 ; New  Jersey,  Dec.  18,  1787,  Georgia, 
Jan.  2,  1788;  Connecticut,  Jan.  9,  1788,  Massachu- 
setts, Feb.  6,  1788;  Maryland,  April  28,  1788;  South 
Carolina,  May  23,  1788;  New  Hampshire,  June  21, 
1788;  Virginia,  July  26,  1788;  New  York,  July  26, 
1788. 

Delaware,  New  Jersey,  and  Georgia  adopted  the 
Constitution  unanimously ; Pennsylvania,  Maryland, 
and  South  Carolina  by  large  majorities;  Massachu- 
setts, New  York,  and  Virginia  by  small  majorities. 

In  the  Pennsylvania  convention,  the  task  of  ex- 
plaining and  defending  the  Constitution  devolved 
upon  Mr.  Wilson,  a prominent  member  of  the  Federal 
Convention.  Washington  said  that  he  was  “as 
honest,  candid,  and  able  a member  as  the  convention 
contained.” 

Wilson  was  requested  by  the  Pennsylvania  con- 
vention to  explain  the  meaning  of  the  different  parts 
of  the  constitution.  He  was  thus  led  to  take  a view 
of  its  leading  provisions,  and  the  reasons  in  support 
of  them.  His  speeches  constitute  one  of  the  best  com- 
mentaries on  the  Constitution  that  has  appeared.  His 
acquaintance  with  the  science  of  government  was 
quite  equal  to  that  of  Hamilton.  After  the  adoption 
of  the  Constitution,  Washington  appointed  him  one 


4 

THE  SCIENCE  OF  GOVERNMENT.  73 

of  the  Judges  of  the  Supreme  Court  of  the  United 
States. 

The  fate  of  the  Constitution  in  Massachusetts  was 
for  a long  time  considered  doubtful  by  its  friends. 
The  people  of  that  State  w^ere  accustomed  to  annual 
elections,  and  the  frequent  return  of  power  into  their 
own  hands.  They  were  afraid  that  the  power  given 
by  the  Constitution  to  the  General  Government  would 
prove  destructive  to  their  liberties. 

The  convention  contained  three  hundred  and  fifty- 
live  members;  among  them  were  a score  or  more 
ministers  of  the  gospel.  Nearly  all  of  these  came  to 
tl  convention  opposed  to  the  Constitution.  Having 
li  ^ened  to  the  discussions  that  took  place,  they  with 
but  one  or  two  exceptions  voted  in  favor  of  it. 

The  celebrated  John  Hancock  was  chosen  president 
of  the  convention.  It  was  voted  that  the  convention 
open  daily  with  prayer,  and  that  they  should  consider 
each  article  of  the  Constitution  in  order,  and  that  each 
member  have  an  opportunity  of  expressing  his  views 
on  each  part  before  the  vote  to  adopt  or  reject  should 
be  taken.  This  course  of  proceeding  saved  the  Con- 
stitution. In  course  of  the  free  ind  full  discussion  it 
allowed,  the  opinions  of  man)  who  came  into  the 
convention  strongly  opposed  to  the  Constitution,  were 
changed.  The  arguments  and  appeals  of  such  men 
as  Fisher  Ames,  Rufus  King,  Dana,  Parsons,  and 
others,  had  weight  with  the  members,  and  when  the 
4 


74  THE  SCIENCE  OF  GOVERNMENT. 

vote  was  taken,  the  Constitution  was  ratified  by  a 
majority  of  nineteen. 

The  bearing  of  those  who  were  outvoted  is  worthy 
of  notice.  Some  who  had  made  strenuous  opposition 
throughout  all  the  sessions  of  the  convention,  when  tho 
vote  for  adoption  was  declared,  arose  and  said  that 
they  would  now  give  to  the  Constitution  their  hearty 
support.  For  example  one  said : “ I have  been  opposed 
to  the  adoption  of  the  Constitution,  yet  as  a majority 
has  seen  fit  to  adopt  it,  I shall  use  my  utmost  endeav- 
ors to  induce  my  constituents  to  live  in  peace  unde/ 
it,  and  cheerfully  submit  to  it.” 

The  Virginia  convention  met  on  the  second  day 
of  June,  1788.  The  ablest  men  of  Virginia  were 
members  of  it — Madison,  Marshall,  Henry,  Pendleton 
Wythe,  Randolph,  Mason,  Monroe,  and  others. 

Henry  took  strong  ground  in  opposition  to  the 
Constitution,  and  was  supported  by  Mason,  James 
Monroe,  and  many  others.  Madison,  Marshall,  Ran- 
dolph, Pendleton,  Nicholas,  and  others  defended  the 
Constitution,  and  urged  its  adoption.  It  was  adopted 
by  a small  majority.  Henry,  like  a true  patriot  as  he 
was,  became  one  of  its  warmest  friends  and  supporters. 

The  New  York  convention  assembled  at  Pough- 
keepsie June  17,  1788.  George  Clinton,  who  was  an 
opponent  of  the  Constitution,  was  chosen  president. 
The  convention  was  opened  every  morning  with 


THE  SCIENCE  OF  GOVERNMENT. 


75 


prayer.  The  supporters  and  opponents  of  the  Consti 
tution  were  very  nearly  equal. 

The  leading  advocates  for  adoption  were  Chancel 
lor  Livingston,  Alexander  Hamilton,  and  John  Jay, 
The  vote  to  adopt  was  carried  by  a majority  of  four. 

The  convention  of  North  Carolina  rejected  the 
Constitution.  Rhode  Island  refused  to  call  a conven- 
tion to  consider  the  question. 

In  sevaral  of  the  conventions,  it  was  proposed  to 
ratify  the  Constitution,  on  condition  that  certain  speci- 
fied amendments  were  made.  Madison  was  consulted, 
and  gave  it  as  his  opinion  that  the  ratification  could 
not  be  conditional.  The  ratification  was  finally  in  all 
the  States  unconditional,  and  the  desired  amendments 
strongly  recommended.  The  most  important  of  these 
desired  amendments  were  recommended  by  two-thirds 
of  the  first  Congress  under  the  Constitution,  and  hav- 
ing been  ratified  by  the  legislatures  of  three-fourths 
of  the  States,  became  a part  of  the  Constitution. 

The  Constitution  declared,  that,  when  nine  States 
had  adopted  it,  it  should  be  binding  on  those  States. 
When  the  ratifications  of  nine  States  had  been  received 
by  Congress,  they  were  referred  to  a committee  to  ex 
amine  them,  and  to  report  an  act  putting  the  Consti 
tion  into  operation.  This  was  on  the  2d  of  July,  1788 

On  the  14th  of  July  such  an  act  was  reported,  bul 
it  was  not  adopted  til*  the  13th  of  September.  Elec 
tions  for  officers  of  the  new  government  were  directed 


76 


THE  SCIENCE  OF  GOVERNMENT. 


to  be  held  in  January,  1789,  and  the  first  Wednesday 
in  March  was  designated  as  the  time  for  commencing 
operations  under  the  Constitution. 

Washington  was  unanimously  elected  President, 
and  John  Adams  Vice-President.  Elections  for  mem 
bers  of  the  House  of  Representatives  were  held  by 
the  people,  and  for  the  Senate  by  the  legislatures  of  the 
States.  Congress  was  to  meet,  and  the  new  govern- 
ment to  be  inaugurated  in  the  city  of  New  York. 

The  time  appointed  was  the  first  Wednesday  in 
March,  but  a quorum  of  both  houses  of  Congress  did 
not  assemble  till  some  time  in  May,  when  Washington 
was  sworn  into  office  and  the  new  system  introduced. 
The  new  government  was  not  fully  organized  till 
autumn.  The  heads  of  departments  could  not  be  ap- 
pointed till  Congress  had  passed  laws  establishing 
those  departments.  When  this  was  done,  Thomas 
Jefferson  was  appointed  Secretary  of  State,  Alexander 
Hamilton  Secretary  of  the  Treasury,  Henry  Knox 
Secretary  of  War,  and  Edmund  Randolph  Attorney- 
General.  These  gentlemen  constituted  Washington’s 
cabinet.  Thus  the  government  was  fully  organized 
and  its  beneficial  influence  was  immediately  seen  in 
the  rapidly  increasing  prosperity  of  the  nation. 

In  November,  1789,  North  Carolina,  by  a conven 
tion  called  for  that  purpose,  ratified  the  Constitution 
In  May,  1790,  Rhode  Island  ratified  it.  All  the  orig 
inal  States  were  then  united  under  the  Consul'  jtion. 


Y 


CHAPTER  IX, 


THE  NATURE  OF  THE  CONSTITUTION. 

The  preamble  of  the  Constitution  reads  thus : 

“We  the  people  of  the  United  States,  in  order  to 
form  a more  perfect  union,  establish  justice,  insure  do- 
mestic tranquillity,  provide  for  the  common  defence, 
promote  the  general  welfare,  and  secure  the  blessings 
of  liberty  to  ourselves  and  our  posterity,  do  ordain 
and  establish  this  Constitution  for  the  United  States 
of  America.” 

This  preamble  sets  forth  the  object  and  nature  of 
the  Constitution.  Two  widely  different  views  have 
been  entertained.  The  one  regards  the  Constitution 
as  forming  a national  government  for  the  people  of 
the  United  States ; the  other  regards  it  as  a compact 
or  league  between  sovereign  States.  The  first  view  is 
the  one  entertained  by  the  framers  of  the  Constitution, 
and  by  the  great  majority  of  the  people  of  the  United 
States.  The  second  was  advocated  by  Jonn  C.  Cal- 
houn, and  was  held  by  a large  portion  of  the  people 


s 


78 


THE  SCIENCE  OF  GOVERNMENT. 


of  the  Southern  States,  when  the  late  rebellion  took 
place. 

Those  who  regard  the  Constitution  as  a league  ot 
compact  between  sovereign  States,  hold  that  if  one  of 
the  parties  to  the  compact  fails  to  observe  its  provis- 
ions, the  other  parties  are  released  from  all  further 
obligation.  According  to  this  view,  if  any  State 
thinks  one  of  the  laws  passed  by  Congress  to  be  un- 
constitutional, it  has  a right  to  declare  that  law  null 
and  void  within  the  limits  of  the  State.  If  any  State 
thinks  the  Constitution  has  been  violated,  she  may  se- 
cede from  the  Union,  and  become,  if  she  chooseSj  an 
independent  nation.  South  Carolina  attempted  to 
practise  nullification  in  1832,  and  nearly  all  the  South- 
ern States  attempted  to  secede  in  1860. 

The  Constitution  is  not  a league  or  compact  be- 
tween sovereign  States.  It  is  an  instrument  adopted 
by  the  people  of  the  United  States,  for  the  purpose 
of  creating  a government  acting  for  many  purposes 
directly  on  the  people  of  the  United  States.  It  pro- 
vides that  the  government  thus  created  shall  be  su- 
perior in  authority  to  all  the  State  governments.  It 
declares  that  the  Constitution  and  laws  of  the  United 
States  “ shall  be  the  supreme  law  of  the  land,  any 
thing  in  the  constitution  and  laws  of  any  State  to  the 
contrary  notwithstanding.” 

The  people  of  the  United  States  made  the  govern- 
ment, and  they  alone  can  change  or  unmake  it,  and  in 


THE  SCIENCE  OP  GOVERNMENT.  79 

bo  doing,  they  must  go  according  to  the  directions  of 
the  Constitution.  Of  course  no  State  can  nullify  a 
law  of  Congress,  and  no  State  can  secede.  ]STo  State 
or  individual  can  decide  whether  a law  is  constitu* 
tional  or  not.  The  Constitution  refers  the  decision 
of  such  questions  to  the  supreme  court,  and  the  decis 
ion  is  final. 

That  this  is  the  true  view  of  the  Constitution  and 
government  appears  from  the  following  reasons: 

The  Articles  of  Confederation  were  confessedly  a 
league,  and  they  failed  to  meet  the  wants  of  the  coun- 
try. Hence  a convention  was  called  to  amend  them. 
The  members  of  the  convention  came  together  for  the 
purpose  of  amending  the  league,  but  they  were  soon 
convinced  that  something  more  was  necessary ; hence 
the  first  resolution  passed  by  them  was,  “ Resolved, 
That  a national  government  ought  to  be  formed,  con- 
sisting of  a supreme  legislative,  executive,  and  judi- 
ciary.” 

After  the  passage  of  this  resolution,  an  effort  was 
made  to  return  to  the  league  plan.  Mr.  Patterson,  as 
we  have  seen,  introduced  certain  resolutions  having 
for  their  object  the  perpetuation  of  the  league.  It 
was  distinctly  understood  that  the  two  plans  were  be- 
fore the  house.  “The  true  question  is,”  said  Mr. 
Randolph,  “whether  we  shall  adhere  to  the  Federa! 
plan,  or  introduce  a national  plan.” 

Seven  States  voted  to  “introduce  a national  plan,’1 


60 


THE  SCIENCE  OF  GOYEKNMENT. 


and  only  three  against  it.  From  that  time  onward 
the  efforts  of  the  convention  were  directed  to  the 
formation  of  a national  government. 

“ If  any  historical  fact  in  the  world  be  plain  and 
undeniable,”  says  Daniel  Webster,  “it  is  that  the 
convention  deliberated  on  the  expediency  of  contin- 
uing the  Confederation  with  some  amendments,  and 
rejected  that  scheme,  and  adopted  the  plan  of  a 
national  government  with  a legislature,  executive, 
and  judiciary  of  its  own.  They  were  asked  to  pre- 
serve the  league;  they  rejected  the  proposition.  They 
were  asked  to  continue  the  existing  compact  between 
the  States;  they  rejected  it.  They  rejected  compact, 
league,  and  confederation,  and  set  themselves  about 
framing  the  Constitution  of  a national  government, 
and  they  accomplished  what  they  undertook.” 

When  the  Constitution  was  published,  one  objec- 
tion which  was  strongly  urged  against  it  was,  that  the 
members  of  the  Federal  Convention  had  transcended 
their  powers.  They  were  chosen,  it  was  said,  to  amend 
the  league  of  the  States,  and  they  had  formed  a na- 
tional government.  The  advocates  of  the  Constitution 
did  not  deny  the  fact  thus  stated.  They  did  not  claim 
that  the  Constitution  was  a league  of  States.  They 
admitted  that  it  framed  a national  government,  and 
contended  that  such  a government  was  necessary  to 
the  prosperity  of  the  country. 

In  the  Virginia  convention,  Patrick  Henry  ex 


THE  SCIENCE  OF  GOVERNMENT.  81 

pressiy  objected  to  the  language  ol  the  preamble,  u We 
the  people  of  the  United  States.”  44  Have  they  said, 
We  the  States’?  Have  they  made  a proposal  of  a 
ompact  between  States  ? If  they  had,  this  would  be 
confederation ; it  is  otherwise  most  clearly  a consol- 
dated  government.  The  question  turns,  sir,  on  that 
poor  little  thing — the  expression,  4 We,  the  people,’ 
instead  of  4 the  States  of  America.’  ” * 

The  act  of  adoption  by  the  convention  speaks  of 
the  powers  granted  under  the  Constitution  as  44  being 
derived  from  the  people  of  the  United  States.” 

In  the  Pennsylvania  convention,  Mr.  Wilson  said: 
“ This  is  not  a government  founded  upon  compact.  It 
is  founded  upon  the  power  of  the  people.”  Again: 
46  This  system  is  not  a compact  or  a contract.  The 
system  tells  you  what  it  is ; it  is  an  ordinance  and 
establishment  of  the  people.” 

In  the  Connecticut  convention,  Mr.  Johnson,  who 
had  been  a member  of  the  Federal  Convention,  after 
speaking  of  the  difficulty  of  legislating  for  States  in 
their  political  capacity,  said  : 44  They  have,  therefore, 
gone  entirely  upon  new  ground.  They  have  formod 
one  new  nation  out  of  individual  States.” 

The  preamble  itself  is  very  explicit  and  clear. 
There  is  no  possibility  of  mistaking  its  meaning.  Jt 
says  nothing  about  the  formation  of  a compact  by 
sovereign  States.  It  says  nothing  whatever  about  thy 


• Elliot’s  Debates,  iii.  72. 


62 


THE  SCIENCE  0E  GOVERNMENT. 


States  acting  as  States.  It  declares,  “We,  the  people 
of  the  United  States,  do  ordain  and  establish  this  Con- 
stitution for  the  United  States  of  America.” 

Nothing  is  found  in  any  part  of  the  Constitution 
making  mention  of  a league  or  compact  between  the 
States.  In  a league  or  compact  the  parties  are  named, 
and  the  mutual  stipulations  recorded.  There  is  no 
trace  of  any  thing  of  this  kind  in  the  Constitution. 
In  no  place  are  the  States  mentioned  as  contracting 
parties.  The  people  speak  throughout  the  document. 
They  do  not  enter  into  stipulations  with  a party. 
They  speak  with  the  voice  of  authority.  They  declare 
what  powers  the  government  shall  exercise,  and  what 
powers  it  shall  not  exercise. 

The  second  section  of  the  sixth  article  of  the  Con- 
stitution declares : “ This  Constitution,  and  the  laws 
of  the  United  States  which  shall  be  made  in  pursuance 
thereof,  and  all  treaties  made  or  which  shall  be  made, 
under  the  authority  of  the  United  States,  shall  be  the 
supreme  law  of  the  land;  and  the  judges  in  every 
State  shall  be  bound  thereby,  any  thing  in  the  consti- 
tution or  laws  of  any  State  to  the  contrary  notwith- 
standing.” 

No  terms  could  be  more  explicit  than  these.  If 
they  do  not  forbid  a State  to  nullify  a law  of  Congress, 
or  to  throw  off  the  authority  of  the  Constitution,  then 
language  cannot  be  so  framed  as  to  forbid  those  acts. 

The  Constitution  appoints  an  arbi^v  to  decide  all 


THE  SCIEXCE  OF  oOTEEXMENT. 


83 


questions  relating  to  the  violation  of  the  Constitution 
It  declares  that  “ the  judicial  power  shall  extend  to  aL 
cases,  in  law  and  equity,  arising  under  this  Constitu 
tion,  the  laws  of  the  United  States,  and  treaties  made 
or  which  shall  be  made  under  their  authority.”  Every 
question,  therefore,  with  respect  to  the  violation  of  the 
Constitution  that  can  be  made  the  subject  of  judicial 
proceedings,  that  can  constitute  a case,  is  to  be  de- 
cided by  the  Supreme  Court,  and  that  decision  is  final. 
This  completes  the  supremacy  of  the  Constitution. 
Suppose  a State  passes  a law  conflicting  with  the 
Constitution  of  the  United  States : a suit  is  brought 
under  that  law,  and  its  constitutionality  is  argued  be- 
fore the  Supreme  Court.  The  Court  declares  the  law 
unconstitutional,  and  hence  null  and  void : no  regard 
is  thenceforth  paid  to  it. 

An  early  decision  of  the  Supreme  Court  declares, 
“ The  Constitution  of  the  United  States  was  ordained 
and  established,  not  by  the  States  in  their  sovereign 
capacity,  but  emphatically  as  the  preamble  of  the 
Constitution  declares,  by  ‘the  people  of  the  United 
States.’  ” 

The  several  States  cannot  with  propriety  be  spoken 
of  as  sovereign  States.  Sovereign  power  is  supreme 
power — power  that  has  no  other  power  over  it.  A 
sovereign  State  is  one  that  possesses  sovereign  power. 
Now,  no  one  of  the  United  States  possesses  sovereign 
power.  There  is  a power,  that  of  the  Constitution, 


64 


THE  SCIENCE  OF  GOVERNMENT. 


higher  than  the  power  of  any  State.  This  is  plain 
from  the  declaration,  “ This  Constitution  shall  be  the 
supreme  law  of  the  land,  and  the  judges  in  every  State 
shall  be  bound  thereby,  any  thing  in  the  constitution 
or  laws  of  any  State  to  the  contrary  notwithstanding.’* 
Thus  the  power  of  every  State  is  limit*  d . limited 
power  is  not  sovereign  power. 


CHAPTER  X. 


CONGRESS — HOUSE  OF  REPRESENTATIVES. 

Akt.  1.  Section  I.  “ All  Legislative  powers  herein 
granted,  shall  be  vested  in  a Congress  of  the  United 
States,  which  shall  consist  of  a Senate  and  House  of 
Representatives.” 

The  first  resolution  adopted  by  the  Federal 
Convention,  as  we  have  seen,  contemplated  the 
formation  of  a government  with  Legislative,  Judicial, 
and  Executive  departments.  In  carrying  out  that  reso- 
lution, it  was  intended  to  keep  those  departments  dis- 
tinct and  independent.  The  experience  of  the  past  has 
shown  that  when  these  departments  are  distinct,  that 
is,  when  one  class  of  men  make  the  laws,  and  another 
class  interpret  them,  and  a third  execute  them,  justice 
is  much  more  likely  to  be  done  than  when  the  legisla- 
tive, judicial,  and  executive  powers  are  possessed  by 
the  same  person  or  persons.  This  division  of  power 
is  wanting  in  an  absolute  monarchy.  Hence  there 
can  be  no  security  against  injustice  under  such  a 
government. 


80 


THE  SCIENCE  OP  GOVERNMENT. 


Ill  an  absolute  monarchy,  all  power  of  every  kind 
is  in  the  hands  of  the  monarch.  He  may  appoint  men 
to  make  laws,  but  if  the  laws  do  not  please  him  he 
can  unmake  them.  He  may  appoint  judges  to  inter 
pret  the  laws,  but  their  interpretations  and  decisions 
must  be  according  to  his  will.  If  they  are  not,  the 
judges  will  be  removed  and  others  appointed  in  their 
places.  He  may  appoint  men  to  execute  the  laws,  but 
they  must  consult  his  pleasure  or  lose  their  places,  if 
not  their  heads.  Under  a despot,  the  three  depart- 
ments may  exist  in  form,  but  not  in  reality. 

It  is  not  possible  to  make  the  three  departments 
perfectly  independent  of  each  other;  but  they  can  be 
made  distinct,  and  so  far  independent,  that  there  shall 
be  reasonable  security  that  one  department  shall  not 
invade  the  rights  or  unduly  influence  the  action  of  the 
other.  The  framers  of  the  Constitution  aimed  at 
doing  this,  and  succeeded  in  a good  degree.  If  they 
have  in  any  degree  come  short,  it  is  in  making  the 
judicial  dependent  for  its  organization  on  the  legisla- 
tive department. 

The  legislative  power  is  vested  in  Congress,  which 
consists  of  two  separate  houses.  The  Congress  of  the 
Confederation  consisted  of  one  house. 

An  act  must  receive  the  assent  of  a majority  of 
both  houses  before  it  can  be  presented  to  the  Presi- 
dent for  his  signature. 

Reason  and  experience  unite  in  showing  that  such  a 


THE  SCIENCE  OF  GOVERNMENT. 


87 


sour  so  is  more  likely  to  secure  wise  legislation,  than 
when  the  legislative  power  is  vested  in  a single  house. 
Public  bodies  as  well  as  individuals  are  liable  to 
excitement  and  passion.  A measure  may  receive  a 
majority  of  votes  in  a legislative  body,  and  yet  be  an 
unwise  and  unjust  measure.  If  it  became  a law  as 
soon  as  it  passed  a single  house,  there  would  be  no 
remedy  but  in  repeal,  and  that  would  not  take  place 
speedily  if  at  alL  But  let  such  a measure,  if  it  pass 
one  house,  be  sent  to  another  entirely  distinct  from 
the  one  that  passed  it.  It  will  be  coolly  examined, 
and  probably  rejected.  If  a bill  passes  one  house 
without  due  examination,  it  will  be  more  carefully 
examined  in  the  other.  Thus  the  great  advantage  of 
having  two  houses  in  the  legislature  is,  that  each  is  a 
check  on  the  other  in  preventing  hasty,  unwise,  and 
unjust  legislation. 

Bribery  and  corruption  are  rendered  more  difficult 
when  there  are  two  bodies  to  corrupt  instead  of  one. 

The  advantages  of  two  houses  will  be  greater 
according  as  they  are  differently  constituted.  If  the 
members  of  one  house  are  drawn  from  a different  class 
af  citizens,  and  have  different  responsibilities  thrown 
upon  them,  and  hold  their  seats  for  a different  period, 
the  check  of  one  upon  the  other  will  be  the  greater. 

The  Parliament  of  Great  Britain,  in  which  the  leg- 
islative power  of  the  realm  is  vested,  consists  of  the 
House  of  Commons  and  the  House  of  Lords.  The 


88 


THE  SCIENCE  *0F  GOVERNMENT. 


members  of  the  House  of  Commons  are  chosen  by  the 
people  for  seven  years;  the  members  of  the  House  of 
Lords  belong  to  the  hereditary  peerage.  The  oldest 
Bon  of  a peer  takes  his  seat  in  the  House  of  Lords  on 
the  death  of  his  father. 

Art.  1,  § 2.  “The  House  of  Representatives  shall 
be  composed  of  members  chosen  every  second  year  by 
the  people  of  the  several  States,  and  the  electors  in 
each  State  shall  have  the  qualifications  requisite  for 
electors  of  the  most  numerous  branch  of  the  State 
egislature.” 

The  term  of  service  for  a representative  is  two 
years.  Some  of  the  framers  of  the  Constitution  wished 
to  have  the  representatives  elected  annually,  and 
others  for  a longer  period  than  two  years.  Two  years 
were  finally  fixed  upon  as  a medium. 

If  the  term  of  service  were  only  one  year,  the 
legislator  would  scarcely  become  familiar  with  his  du 
ties  before  his  term  would  expire.  If  different  persons 
were  elected  every  year,  as  might  be  the  case,  the 
house  would  be  constantly  changing  its  character,  and 
the  effect  might  be,  continual  changes  in  legislation. 
The  house  would  not  possess  the  experience  in  lagisla 
tion  which  is  desirable. 

On  the  other  hand,  if  the  terra  of  service  were  five 
or  seven  years,  the  representatives  would  feel  less 
responsible  to  their  constituents,  and  would  be  more 
likely  to  abuse  the  power  possessed  by  them.  Di» 


THE  SCIENCE  OF  GOVERNMENT.  8f» 

honest  and  intriguing  men  would  have  abert<^  oppor- 
tunity to  influence  the  course  of  legislation. 

When  the  Constitution  was  formed,  univtiSal  suf- 
frage did  not  generally  prevail.  In  most  of  the  States 
there  was  a property  qualification  for  voting.  This 
differed  in  different  States.  In  some  States,  a small 
amount  of  property  entitled  a man  to  vote  for  some 
of  the  lower  offices,  and  a larger  amount  for  the  higher. 
It  was  necessary  to  define  the  qualifications  for  an 
elector  of  representatives,  and  the  most  convenient 
way  seemed  to  be  to  adopt  the  qualifications  required 
in  each  State  to  vote  for  the  most  numerous,  by  which 
is  meant  the  lower  branch  of  the  State  legislature. 

The  members  of  the  English  House  of  Common? 
are  chosen  for  seven  years,  but  they  rarely  serve  out 
the  time  for  which  they  were  chosen.  The  king  can 
dissolve  the  house  whenever  he  pleases,  and  order  a 
new  election.  Whenever  there  is  a majority  in  the 
house  against  the  administration,  or  against  the  min- 
isters, as  it  is  termed,  either  the  ministers  resign  and 
new  ministers  are  appointed  by  the  king,  or  the  House 
of  Commons  is  dissolved  and  a new  one  elected. 

Art.  1,  § 2,2.  “No  person  shall  be  a representa 
tive  who  shall  not  have  attained  to  the  age  of  twenty- 
five  years,  and  been  seven  years  a citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  inhab- 
itant of  that  State  in  which  he  shall  be  chosen.” 

It  was  thought  that,  requiring  the  representative 


90 


THE  SCIENCE  OF  GOVERNMENT. 


to  be  at  least  twenty-five  years  old,  would  be  sorno 
thing  of  a guaranty  for  the  possession  of  knowledge 
and  soundness  of  judgment.  Age  does  not  necessarily 
give  wisdom,  but  age  is  a necessary  condition  of  ex 
perience. 

A man  may  be  elected  a member  of  the  House  ol 
Commons  at  the  age  of  twenty-one. 

The  representative  must  be  a citizen  of  the  United 
States,  either  by  birth  or  naturalization.  No  country 
permits  aliens  to  take  part  in  the  affairs  of  govern- 
ment, and  few  permit  naturalized  citizens. 

The  representative  must  be  an  inhabitant  of  the 
State  for  which  he  is  chosen,  in  order  that  he  may 
be  acquainted  with  the  wants  and  interests  of  his  con- 
stituents. The  States  are  by  law  divided  into  con- 
gressional districts,  and  the  usage  is  to  have  the  rep- 
resentative of  a district  an  inhabitant  of  that  district. 
The  Constitution  does  not  require  this.  It  simply  re- 
quires that  the  representative  be  an  inhabitant  of  the 
State.  A resident  in  Buffalo  might  constitutionally 
represent  a constituency  in  New  York  city. 

If  it  were  customary  sometimes  to  go  out  of  the 
district  for  a representative,  a greater  number  of  able 
men  might  be  elected  representatives.  As  the  usage 
now  is,  if  there  lived  in  a congressional  district  a dozen 
men,  each  one  of  them  the  peer  of  Henry  Clay  or 
William  L.  Marcy,  only  one  of  them  could  be  in  Con- 
gress at  the  same  time,  though  it  might  be  very  desir* 


THE  SCIENCE  OF  GOVERNMENT, 


91 


able  that  the  country  should  have  their  services  as 
legislators. 

A member  of  the  House  of  Commons  may  bo 
chosen  for  any  place  from  any  part  of  Great  Britain. 
A resident  of  Edinburgh  may  be  chosen  for  Cam- 
bridge. This  custom  brings  many  more  able  men  into 
the  House  than  would  otherwise  be  there. 

It  will  be  observed  that  no  property  qualification 
is  requisite  in  order  to  be  a representative  in  Congress. 
In  order  that  a man  may  be  a member  of  the  House 
of  Commons,  he  must  possess  a certain  amount  of 
property.  If  a j:>oor  man  happens  to  be  elected,  his 
wealthy  friends  place  the  requisite  amount  of  property 
in  his  hands,  that  he  may  take  his  seat.  In  nearly 
every  constitutional  government  except  that  of  the 
United  States,  the  legislators  are  required  to  be  prop- 
erty holders.  It  is  thought  that  those  who  possess 
property  will  feel  a deeper  interest  in  regard  to  the 
security  of  property  and  the  administration  of  justice 
than  those  who  have  no  property.  It  was  a maxim 
of  John  Jay,  “Those  who  own  the  country  ought  to 
govern  it.” 

Art.  1,  § 2,  3.  “Representatives  and  direct  taxes 
shall  be  apportioned  among  the  several  States,  which 
may  be  included  within  this  Union,  according  to  their 
respective  numbers,  which  shall  be  determined  by  add- 
ing to  the  whole  number  of  free  persons,  including  those 
bound  to  service  for  a term  ol  years,  and  excluding 


92 


THE  SCIENCE  OF  GOVERNMENT. 


Indians  not  taxed,  three-fifths  of  all  other  persons.  Tlift 
actual  enumeration  shall  be  made  within  three  years 
after  the  first  meeting  of  the  Congress  of  the  United 
States,  and  within  every  subsequent  term  of  ten  years, 
in  such  manner  as  they  shall  by  law  direct.  The  num- 
ber of  representatives  shall  not  exceed  one  for  every 
thirty  thousand,  but  each  State  shall  have  at  least  one 
representative.  And  until  such  enumeration  shall  be 
made,  the  State  of  New  Hampshire  shall  be  entitled 
to  choose  three ; Massachusetts,  eight ; Rhode  Island 
and  Providence  Plantations,  one ; Connecticut,  five ; 
New  York,  six;  New  Jersey,  four;  Pennsylvania, 
eight ; Delaware,  one ; Maryland,  six ; Virginia,  ten ; 
North  Carolina,  five;  South  Carolina,  five;  and  Geor- 
gia, three.” 

Under  the  Confederation  each  State  had  one  vote. 
One  of  the  great  difficulties  in  forming  the  Constitu- 
tion, was  the  unwillingness  of  the  small  States  to  re- 
linquish their  equality  in  representation  in  the  legisla- 
ture. 

Another  difficulty  arose  from  slavery.  The  North- 
ern States  insisted  that  the  representation  should  be 
apportioned  according  to  the  number  of  the  free  pop- 
ulation. The  slave  States  insisted  that  the  slaves 
should  be  counted  in  the  enumeration.  A compromise 
was  at  length  made,  by  which  three-fifths  of  the  slaves 
were  counted.  This  gave  the  slave  States  a greatei 
number  of  representatives  in  proportion  to  the  Ire# 


THE  SCIENCE  OF  GOVERNMENT. 


93 


white  population  than  the  free  States.  When  the 
rebellion  took  place,  the  slave  States  had  more  rep- 
resentatives in  Congress  than  they  would  have  been 
entitled  to  on  the  basis  of  a free  population. 

It  was  thought  that  some  offset  to  this  advantage 
would  accrue  to  the  North,  from  the  provision  which 
requires  all  direct  taxes  to  be  apportioned  in  the 
same  manner  as  the  representatives.  But  that  provis- 
ion has  been,  for  the  most  part,  inoperative.  Very 
few  direct  taxes  were  laid  previous  to  the  civil  war. 
The  national  revenue  was  raised  by  indirect  taxation. 

Our  fathers  avoided  introducing  the  word  slave 
into  the  Constitution.  It  was  expected  that  slavery 
would  come  to  an  end,  and  they  did  not  desire  that 
any  evidences  of  its  existence  should  be  found  in  the 
Constitution.  Mr.  Madison  remarked,  in  the  Federal 
Convention,  that  he  wanted  nothing  in  the  Constitu- 
tion which  implied  that  there  could  be  property  in 
man. 

A strict  compliance  with  the  provision  of  the  Con- 
stitution, which  requires  that  representatives  shall  be 
divided  among  the  States  according  to  their  respective 
numbers,  is  impossible.  Suppose  the  population  is 
thirty  millions,  and  an  attempt  is  made  to  apportion 
the  representation  according  to  the  numbers  in  each 
State ; suppose  it  be  determined  to  assign  a represent- 
ative to  every  fifty  thousand.  The  population  of 
each  State  must  then  be  divided  by  fifty  thousand. 


94 


TIIE  SCIENCE  OF  GOVERNMENT. 


In  all  cases  it  is  probable  a fraction  would  remain, 
and  that  fraction  would  be  without  a representative, 
This  is  the  course  that  is  adopted,  and  comes  as  neai 
the  constitutional  rule  as  is  practicable.  The  Const! 
tion  provide  that  no  State  have  more  than  one  repre- 
sentative for  every  thirty  thousand.  It  does  not  say 
it  shall  have  one  for  every  thirty  thousand.  As  the 
population  of  the  United  States  has  increased,  the 
ratio  of  representation  has  been  from  time  to  time 
enlarged  by  Congress.  This  was  necessary  to  prevent 
the  house  from  becoming  unwieldy. 

Art.  1,  § 2,  4.  “When  vacancies  happen  in  the 
representation  from  any  State,  the  executive  authority 
thereof  shall  issue  writs  of  election  to  fill  such  vacan- 
cies.” 

The  Executive  of  a State  will  feel  an  interest  in  hav- 
ing the  State  fully  represented  in  Congress.  Hence 
the  power  to  issue  writs  of  election  will  be  promptly 
exercised. 

Art.  1,  § 2,  5.  “ The  House  of  Representatives  shall 
choose  their  Speaker  and  other  officers,  and  shall  have 
the  sole  power  of  impeachment.” 

The  power  to  choose  its  Speaker  and  other  officers 
is  necessary  to  the  independence  of  the  house.  The 
Speaker  of  the  House  of  Commons  is  chosen  by  the 
house,  but  must  be  approved  by  the  king.  There  is 
no  provision  corresponding  to  this  in  regard  to  the 
Speaker  of  the  House  of  Representatives. 


THE  S01ENCE  OF  GOVERXMEXT. 


95 


Impeachment,  “ in  a judicial  sense,  is  a written 
formal  accusation  of  a person,  as  being  guilty  of  some 
public  offence  or  misdemeanor.”  In  the  English  gov- 
ernment, the  power  of  impeachment  is  vested  in  the 
Uouse  of  Commons. 


CHAPTER  XL 


THE  SENATE. 

Abt.  1,  § 3,  1.  “The  Senate  of  the  United  State* 
shall  be  composed  of  two  senators  from  each  State, 
chosen  by  the  legislature  thereof  for  six  years ; and 
each  senator  shall  have  one  vote.” 

The  members  of  the  convention  were  nearly  unani- 
mous in  placing  the  legislative  power  in  two  houses. 
They  were  equally  well  agreed  that  two  houses  should 
be  differently  constituted.  Some  thought  the  senators 
should  be  chosen  directly  by  the  people  of  the  States  > 
some  thought  they  should  be  chosen  by  the  Hor.se  of 
Representatives,  and  others  that  they  should  be  chosen 
by  the  legislatures  of  the  States.  This  last  opinion 
prevailed. 

It  was  thought  that  the  choice  would  be  more  se- 
lect, if  made  by  a legislative  body,  than  if  made  by 
the  people.  As  the  Senate  has  some  very  important 
duties  to  perform,  besides  that  of  uniting  with  the 
Ilou^e  in  making  laws,  it  was  designed  to  adopt  such 


THE  SCIENCE  OP  GOVERNMENT. 


97 


a mode  of  election  as  would  secure  for  senators  the 
ablest  men  in  the  land. 

In  forming  the  House  of  Representatives,  we 
have  seen  that  the  small  States  yielded  the  equality 
they  had  hitherto  enjoyed ; in  the  Senate  they  were 
permitted  to  retain  that  equality.  Each  State,  with- 
out regard  to  extent  of  territory  or  population,  is  en- 
titled to  two  senators. 

The  Senate  was  designed  to  be  a smaller  body 
than  the  House  of  Representatives.  Some  duties  are 
assigned  it  which  could  not  well  be  performed  by  a 
large  body.  If  only  one  senator  had  been  assigned 
to  each  State,  the  State  might  often  be  without  a voice 
in  the  Senate.  Giving  two  senators  to  each  State 
guards  against  this  evil,  and  still  does  not  render  the 
Senate  too  numerous. 

The  term  of  service  is  for  six  years.  The  senators 
unite  with  the  President  in  the  management  of  the 
foreign  relations  of  the  country.  Their  duties  require 
an  amount  of  experience  greater  than  is  required  by 
the  representatives,  who  are  simply  clothed  with  leg- 
islative powers.  The  Senate  shares  with  the  Presi- 
dent the  treaty-making  power,  and  advise  and  consent 
to  his  appointments  to  office.  It  is  reasonable,  there- 
fore, that  the  term  of  office  should  be  longer  than  that 
of  the  representatives. 

The  time  finally  fixed  upon  was  the  result  of  com- 
promise between  those  who  would  have  made  the 
5 


98 


THE  SCIENCE  OF  GOVEBNMENT. 


term  longer,  and  those  who  would  have  made  a 
shorter. 

Art.  1,  § 3,  2.  “ Immediately  after  they  shall  bo 
assembled  in  consequence  of  the  first  election,  thej 
shall  be  divided  as  equally  as  may  be  into  three 
classes.  The  seats  of  the  senators  of  the  first  class 
shall  be  vacated  at  the  expiration  of  the  second  year ; 
of  the  second  class  at  the  expiration  of  the  fourth 
year ; and  of  the  third  class  at  the  expiration  of  the 
sixth  year,  so  that  one-third  may  be  chosen  every  sec- 
ond year ; and  if  vacancies  happen  by  resignation  or 
otherwise,  during  the  recess  of  the  legislature  of  any 
State,  the  executive  thereof  may  make  temporary  ap- 
pointments until  the  next  meeting  of  the  legislature, 
which  shall  then  fill  such  vacancies.” 

The  object  of  this  provision  was  to  satisfy  those 
who  feared  that  the  senators  would  acquire  an  undue 
amount  of  power  in  consequence  of  the  tenure  of  office 
for  six  years.  This  provision,  while  it  now  secures  to 
each  senator  six  years  of  service,  renders  the  whole 
body  less  permanent,  and,  it  was  thought,  less  likely 
to  accumulate  power. 

Art.  1.  § 3,  3.  “ No  person  shall  be  a senator  who 
shall  not  have  attained  to  the  age  of  thirty  years,  and 
been  nine  years  a citizen  of  the  United  States,  and 
who  shall  not,  when  elected,  be  an  inhabitant  of  that 
State  for  which  he  shall  be  chosen.” 

It  was  thought  that  the  grave  duties  devolving 


THE  SCIENCE  OF  GOVERNMENT. 


99 


upon  the  senator  required  an  experience  of  life  and  a 
maturity  of  judgment  not  usually  found  in  those  who 
are  less  than  thirty  years  of  age. 

As  the  Senate,  together  with  the  President,  hai 
control  of  our  foreign  relations,  and  as  foreign-horn 
citizens  are  eligible  to  a seat  in  the  Senate,  it  wai 
deemed  wise  to  require  such  a period  of  citizenship  as 
would  be  likely  to  result  in  a strong  affection  to  th6 
adopted  country. 

Art.  1.  § 3,  4.  “ The  Vice-President  of  the  United 
States  shall  be  President  of  the  Senate,  but  shall  have 
no  vote  unless  they  be  equally- divided.” 

If  the  Senate  were  to  choose  their  Speaker  from 
their  own  number,  the  State  from  which  he  was  chosen 
would  have  more  than  its  due  share  of  power,  for  the 
presiding  officer  can,  to  a considerable  extent,  influence 
the  course  of  legislation.  On  the  other  hand,  it  would 
in  part  deprive  the  State  of  one  of  her  senators. 

The  provision  that  renders  the  Vice-President  the 
presiding  officer  of  the  Senate,  is  a wise  one.  Giving 
him  a vote  in  case  the  Senate  is  divided  equally,  is 
also  wise ; since  the  Senate  must,  when  all  the  members 
are  present,  consist  of  an  even  number,  and  hence  a 
tie  can  easily  happen.  This  provision  of  the  Constitu- 
tion preserves  the  equality  of  the  States  in  the 
Senate. 

Art.  1.  § 3,5.  “The  Senate  shall  choose  their 
other  officers,  and  also  a President  pro  tempore  in  the 


100 


THE  SCIENCE  OP  GOVERNMENT. 


absence  of  the  Vice-President,  or  when  he  shall  exei 
cise  the  office  of  President  of  the  United  States.” 

It  is  customary  for  the  Vice-President  to  retire  a 
few  days  before  the  close  of  each  session,  that  the 
Senate  may  elect  a president  pro  tempore . Then  if, 
during  the  recess,  the  Vice-President  is  called  to  act  as 
President  of  the  United  States,  the  Senate  will  have  a 
presiding  officer,  and  be  ready  to  proceed  to  business 
at  the  opening  of  the  next  session.  Experience  has 
shown  the  wisdom  of  this  custom. 

The  House  of  Lords  is  composed  of  the  peers  of 
England,  sixteen  representative  peers  of  Scotland,  and 
twenty-eight  representative  peers  of  Ireland,  and  the 
archbishops  and  bishops  of  the  Church  of  England. 
The  peers  consist  of  the  nobility  of  England.  The 
different  orders  of  nobility  are:  dukes,  marquises, 
earls,  viscounts,  and  barons.  The  bishops  are  not 
hereditary  peers ; they  have  seats  in  the  House  of 
Lords  only  by  virtue  of  their  ecclesiastical  offices. 

The  king  can  add  to  the  number  of  the  House  of 
Lords  whenever  he  pleases,  by  creating  peers,  that  is, 
making  commoners  peers.  The  dignity  he  thus  be- 
stows he  has  no  power  to  take  away. 

If  the  king  wishes  a measure  to  pass  the  House  of 
Lords,  and  there  is  a majority  against  it,  he  can  change 
that  majority  into  a minority,  by  creating  a sufficient 
number  of  new  peers.  In  1832  it  was  proposed  to 
t reate  a sufficient  number  of  peers  to  carry  the  Reform 


IHE  SCIENCE  OF  GOVERNMENT. 


101 


Bill.  When  the  peers  saw  that  such  a creation  would 
take  place,  they  yielded  and  passed  the  bill,  rather 
than  have  an  accession  to  their  ranks  from  the  plebeian 
orders. 

The  lord  high  chancellor  is  the  presiding  office! 
of  the  House  of  Lords.  He  is  a cabinet  officer,  and 
holds  office  during  the  continuance  of  the  administra- 
tion of  which  he  is  a member.  He  is  said  to  occupy 
the  woolsack.  The  richly  wrought  cushion  on  which 
he  is  seated  when  presiding  over  the  House  is  filled  in 
with  wool,  a symbolical  allusion  to  the  manufacturing 
interest  of  the  kingdom.  The  chancellor  is  always  a 
peer  of  the  realm,  and,  as  such,  a member  of  the  House. 

Art.  1,  § 3,  6.  “ The  Senate  shall  have  the  sole 

power  to  try  all  impeachments.  When  sitting  for 
that  purpose,  they  shall  be  on  oath  or  affirmation. 
When  the  President  of  the  United  States  is  tried,  the 
chief  justice  shall  preside,  and  no  person  shall  be  con- 
victed without  the  concurrence  of  two-thirds  of  the 
members  present.” 

By  this  provision  of  the  Constitution,  the  Senate  is 
clothed  with  judicial  power  for  a certain  purpose.  An 
impeachment,  as  has  been  stated,  is  a written  accusa- 
tion against  persons  in  office,  for  the  purpose  of  bring- 
ing them  to  trial  for  misconduct.  By  the  Constitution, 
the  House  of  Representatives  must  bring  the  accusa- 
tion, that  is,  present  articles  of  impeachment,  and  the 
Senate  must  try  the  case  and  give  judgment.  * 


102 


THE  SCIENCE  OF  GOVERNMENT. 


If  a public  officer,  say  a judge  of  tlie  Supreme 
Court,  is  guilty  or  is  supposed  to  be  guilty  of  bribery, 
a motion  is  made  in  the  House  of  Representatives  to 
impeach  him.  Witnesses  are  called,  and  if  the  house 
think  there  is  ground  to  authorize  a trial,  they  j repare 
and  send  to  the  Senate  articles  of  impeachment.  The 
Senate,  while  trying  the  judge  thus  impeached,  sit  as 
a court  of  justice,  and  take  a solemn  oath  to  try  the 
case  faithfully,  and  a vote  of  two-thirds  is  necessary 
to  conviction. 

If  the  President  of  the  United  States  is  impeached, 
and  found  guilty  and  removed  from  office,  the  Vice- 
President  succeeds  to  his  place.  The  Vice-President 
should,  therefore,  not  take  part  in  the  trial.  The  chief 
justice,  as  the  highest  judicial  officer  of  the  country,  is 
the  proper  person  to  preside  on  so  important  an  occa- 
sion, especially  as  he  can  have  no  personal  interest  in 
the  issue  of  the  trial. 

As  the  offences  for  which  men  are  commonly  im- 
peached are  official  misdemeanors,  the  Senate  can, 
with  greater  propriety,  try  the  offender  than  a court 
of  justice.  The  courts  of  justice  are  accustomed  to 
examine  and  decide  questions  of  law. 

If  a judge  of  the  Supreme  Court  were  impeached, 
t would  not  be  desirable  that  he  should  be  tried  by 
his  associates  in  office. 

The  provisions  of  the  Constitution  relative  to  im 
peachment,  are  borrowed  from  the  English  Constitu 


rHE  SCIENCE  OF  GOYEENMENT. 


103 


fcion.  By  tbe  English  Constitution,  the  power  of  ini 
peacbment  is  vested  in  the  House  of  Commons,  and 
that  of  trying  the  impeached,  in  the  House  of  Lords. 
In  the  House  of  Lords  conviction  or  acquittal  is  by  a 
mere  majority. 

Art.  1,  § 3,7.  “Judgment  in  cases  ofimpeachmen 
shall  not  extend  further  than  to  removal  from  office, 
and  disqualification  to  hold  and  enjoy  any  office  of 
honor,  trust,  or  profit  under  the  United  States ; but 
the  party  convicted  shall,  nevertheless,  be  liable  and 
subject  to  indictment,  trial,  judgment,  and  punishment, 
according  to  law.” 

The  Constitution  thus  provides  that  no  person  can 
be  put  to  death  except  by  indictment,  trial,  and  judg- 
ment according  to  law.  In  prohibiting  a legislative 
body  from  inflicting  the  penalty  of  death,  our  fathers 
were  in  advance  of  the  legislation  of  the  world.  The 
House  of  Lords,  in  addition  to  removal  and  disqualifi- 
cation, may  inflict  banishment,  forfeiture  of  goods,  im- 
prisonment, and  death.  This  provision  of  the  Con- 
stitution prevents  unprincipled  partisans  from  de- 
stroying those  who  may  be  opposed  to  them,  and  stand 
in  the  way  of  their  wicked  schemes.  History  shows 
that  men  have  often  been  the  victims  of  party  hate. 

A person  impeached  and  condemned  for  a crime 
punishable  by  law,  can  also  be  indicted,  tried  by  a 
cour*  j{  justice,  and  punished.  Suppose  the  Presi- 
ier*  t*  the  United  States  should  be  guilty  of  murder. 


104 


THE  SCIENCE  OE  GOVERNMENT. 


He  would  doubtless  be  impeached  and  removed  from 
office.  The  Senate  could  not  condemn  him  to  death 
as  a murderer.  But  he  could  be  indicted  for  murder 
by  a grand  jury,  and  tried,  and  if  found  guilty  of 
murder,  executed. 

Art.  1,  § 4,  1.  “ The  times,  places,  and  manner  of 
holding  elections  for  senators  and  representatives* 
shall  be  prescribed  in  each  State  by  the  Legislature 
thereof:  but  Congress  may  at  any  time,  by  law,  make 
or  alter  such  regulations,  except  as  to  the  places  of 
choosing  senators.” 

The  propriety  of  this  provision  rests  upon  “this 
plain  proposition,  that  every  government  ought  to 
contain  in  itself  the  means  of  its  own  preservation/' 
If  a State  executive  and  legislature  should  become  dis- 
loyal and  neglect  to  make  provision  for  the  election 
of  representatives  to  Congress,  Congress  has  power  to 
make  the  necessary  regulations.  The  exception  with 
respect  “to  the  place  of  choosing  senators  ” was  added 
because  it  was  not  thought  becoming  in  Congress  to 
prescribe  the  place  where  the  legislature  should 
meet. 

Art.  1,  § 4,  2.  “ The  Congress  shall  assemble  at  least 
once  in  every  year,  and  such  meeting  shall  be  on  the 
first  Monday  in  December,  unless  they  shall  by  law 
appoint  a different  day.” 

The  disuse  of  Parliaments  for  many  years  under  the 
Stuarts,  and  the  tyranny  consequent  thereon,  caused 


THE  SCIENCE  OP  GOVERNMENT. 


105 


the  English  people  to  insist  on  annual  Parliaments. 
The  Colonial  Legislatures  were  accustomed  to  meet 
annually,  and  the  provision  requiring  Congress  to 
meet  annually  was  adopted  as  a matter  of  course.  .It 
furnishes  a check  to  executive  and  other  official  cor* 
ruption,  and  prevents  the  country  from  suffering  from 
the  lack  of  legislation  relative  to  events  which  may 
have  taken  place  during  the  recess  of  Congress. 

Art.  1,  § 5,  1.  “ Each  house  shall  be  the  judge  of 

the  elections,  returns,  and  qualifications  of  its  own 
members,  and  a majority  of  each  shall  constitute  a 
quorum  to  do  business;  but  a smaller  number  may 
adjourn  from  day  to  day,  and  may  be  authorized  to 
compel  the  attendance  of  absent  members  in  such 
manner,  and  under  such  penalties,  as  each  house  may 
provide.” 

This  is  necessary  to  the  independence  of  each 
house.  If  some  other  department  of  government  had 
the  power  of  determining  who  are  entitled  to  seats, 
the  character  of  the  house  might  depend  upon  that 
department.  Suppose  that  department  to  be  strongly 
partisan.  Partisan  claimants  only  would  be  admitted 
to  seats. 

A similar  provision  exists  in  the  English  Parlia- 
ment, and  has  been  adapted  by  all  constitutional  gov- 
ernments 

If  less  than  a majority  could  enact  laws,  and  wield 

the  power  of  the  house,  a small  number  of  intriguing 
5* 


106 


THE  SCIENCE  OF  G 0 VERNMEITT. 


men  might,  on  some  occasions,  wield  the  power  of  the 
house.  A comparatively  small  portion  of  the  House 
of  Commons  may  constitute  a quorum. 

In  times  of  high  political  excitement,  a majority 
might  absent  themselves  in  order  to  arrest  the  prog- 
ress of  legislation.  To  guard  against  this  possible 
evil,  a minority  are  empowered  to  compel  the  attend- 
ance of  absent  members. 

Art.  1,  § 5,  2.  “ Each  house  may  determine  the 

rules  of  its  proceedings,  punish  its  members  for  disor- 
derly behavior,  and,  with  the  concurrence  of  two- 
thirds,  expel  a member.” 

In  order  that  a legislative  body  may  be  independ- 
ent, it  must  determine  the  rules  of  its  proceedings. 
The  rules  which  govern  the  proceedings  of  legislative 
and  deliberative  bodies,  constitute  what  is  termed 
Parliamentary  Law.  An  acquaintance  with  parlia- 
mentary law  is  important  to  all  legislators,  and  to  all 
who  take  part  in  the  proceedinga  of  deliberative 
bodies  of  any  kind.  The  parliamentary  usages  of  Eng- 
land and  America  have  done  much  to  promote  wise 
legislation.  For  example:  one  of  those  usages  is, 
that  no  bill  shall  be  passed  without  being  read  before 
the  house  three  times,  and  that  the  three  readings 
shall  not  all  take  place  on  the  same  day.  This  has  a 
tendency  to  prevent  hasty  legislation. 

To  guard  against  the  possibility  of  injustice,  no 
member  can  be  expelled  unless  two-thirds  of  all  the 


THE  SCIENCE  OF  GOVERNMENT. 


10? 


members  vote  for  tlie  expulsion.  If  a mere  majority 
could  expel,  men  obnoxious  to  the  majority  would 
not,  in  times  of  high  political  excitement,  be  secure  in 
their  seats.  A similar  power  exists  in  the  House  of 
Commons. 

Art.  1,  § 5,  3.  “Each  house  shall  keep  a journal 
of  its  proceedings,  and,  from  time  to  time,  publish  the 
same,  excepting  such  parts  as  may,  in  their  judgment 
require  secrecy ; and  the  yeas  and  nays  of  the  mem- 
bers of  either  house,  on  any  question,  shall,  at  the  de 
6ire  of  one-fifth  of  those  present,  be  entered  on  the 
journal.” 

The  propriety  of  making  the  proceedings  public 
is  apparent.  The  people  have  a right  to  know  what 
their  agents  are  doing.  A few  acts  may  require  tem- 
porary secrecy,  and  for  this  provision  is  made. 

It  is  desirable  that  constituents  should  know  how 
their  representatives  rote.  Some  men  will  vote  for  a 
bad  measure,  if  their  votes  can  pass  unobserved.  The 
fact  that  the  yeas  and  nays  may  be  called  for  and  re- 
corded and  published,  acts  as  a restraint  upon  such 
men.  The  provision  is  therefore  an  important  one, 
though  it  is  liable  to  abuse.  A factious  minority  de 
eirous  of  hindering  the  course  of  legislation  may  make 
frivolous  motions,  and  demand  the  yeas  and  nays  upon 
them,  and  thus  consume  the  time  of  the  house. 

The  sessions  of  both  Houses  of  Congress  are  usu- 
ally open  to  spectators.  When  the  Senate  is  in  ev 


105  THE  SCIENCE  OB  JOVEKNMENT. 

ecutive  session,  that  is,  when  it  meets  to  confirm  oy 
reject  the  nominations  of  the  President,  it  sits  with 
closed  doors. 

To  obtain  admission  to  either  house  of  Parlia- 
ment, an  order  from  a member  of  the  house  is  neces- 
sary. A portion  of  the  gallery  of  the  hall  in  which 
the  House  of  Commons  meet,  is  partitioned  off  from 
the  rest,  and  its  seats  cushioned.  This  is  called  the 
Speaker’s  gallery.  To  this,  distinguished  visitors  are 
admitted.  When  a vote  is  taken  in  the  House  of 
Commons,  all  spectators  are  required  to  withdraw. 
This  usage  has  not  been  copied  by  the  House  of  Rep- 
resentatives. 

Art.  1,  § 5,  4.  “Neither  house,  during  the  session 
of  Congress,  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  the  two  houses  shall  be 
sitting.” 

Art.  1,  § 6,  1.  “The  senators  and  representatives 
shall  receive  a compensation  for  their  services,  Co  be 
ascertained  bylaw,  and  paid  out  of  the  trea  j*\ry  of 
the  United  States.  They  shall  in  all  cas.c*2,  except 
treason,  felony,  and  breach  of  the  peace,  be  privileged 
from  arrest  during  their  attendance  at  tbj  session  of 
their  respective  houses,  and  in  going  to  wl  in  return- 
ing from  the  same;  and  for  any  speech  rr  debate  in 
either  house,  they  shall  not  be  q?  ,^V>/ied  in  any 
other  place.” 


THE  SCIENCE  OF  GOVERNMENT. 


109 


Under  the  ConfeJ^iaiion,  we  have  seen,  the  dele* 
gates  were  to  he  paid  by  the  States  sending  them. 
As  payment  was  not  always  prompt,  attendance  was 
not  always  regular. 

If  compensation  were  left  to  the  State  legislatures, 
the  national  government  would  become  dependent 
upon  the  State  governments.  If  members  were  not 
paid,  men  of  limited  means  could  not  serve  as  legis- 
lators. 

The  members  of  the  British  Parliament  do  not  re- 
ceive any  compensation.  This  has  not  kept  men  of 
limited  means  out  of  Parliament,  but  it  has  rendered 
them  dependent  upon  their  wealthy  friends.  It  is  de- 
sirable that  the  legislator  should  in  every  sense  be 
independent. 

Freedom  from  arrest  during  the  session,  and  while 
going  and  returning,  are  necessary  to  prevent  constit- 
uents from  losing  the  services  of  their  representative. 
It  is  called  a privilege  of  a member,  but  it  is  really  a 
provision  of  justice  for  the  constituent. 

If  the  representative  or  senator  be  guilty  of  cer- 
tain high  crimes,  he  may  be  arrested.  The  commis- 
sion of  such  crimes  would  prove  his  unfitness  to  act  as 
a legislator. 

Freedom  of  speech  is  essential  to  the  independence 
of  the  legislator.  If  he  could  be  called  to  account  for 
any  thing  said  in  the  house  by  a power  from  without* 
freedom  of  debate  would  be  at  an  end,  and  legislation 
a farce. 


no 


THE  SCIENCE  OF  GOVERNMENT. 


This  feature  of  the  Constitution  was  borrowed 
from  the  English  Constitution.  In  England,  if  a man 
publishes  his  speech  after  delivering  it  in  Parliament, 
and  it  contains  defamatory  or  libellous  matter,  he  is 
liable  to  prosecution.  There  has  been  no  judicial  set 
tlement  of  this  question  in  the  United  States.  It  is 
contended  by  some  that  the  freedom  guaranteed  by 
the  Constitution  extends  to  the  publication  as  well  as 
the  utterance  of  one’s  speech. 

Art.  1,  § 6,  2.  “ No  senator  or  representative  shall, 
during  the  time  for  which  he  was  elected,  be  appointed 
to  any  civil  office  under  the  authority  of  the  United 
States,  which  shall  have  been  created,  or  the  emolu- 
ments whereof  shall  have  been  increased  during  such 
time;  and  no  person  holding  any  office  under  the 
United  States,  shall  be  a member  of  either  house  dur- 
ing his  continuance  in  office.” 

An  influential  member  might  cause  a lucrative  of- 
fice to  be  created,  and  then  receive  it  at  the  hands  of 
the  executive,  in  return  for  political  party  services. 
The  Constitution  aims  to  prohibit  all  such  corruption. 
It  would  make  the  legislator  as  disinterested  as  possi* 
ble. 

In  prohibiting  all  persons  holding  office  under  the 
United  States  from  being  members  of  either  house, 
the  Constitution  differs  from  that  of  England.  The 
English  Constitution  permits  the  members  of  the  cab- 
inet and  officers  of  the  crown  to  hold  seats  in  the 


THE  SCIENCE  OP  GOVERNMENT. 


Ill 


House  of  Commons.  If  a member  is  appointed  to 
office  be  thereby  vacates  bis  seat,  but  be  may  be  im- 
mediately reelected  and  take  bis  seat.  There  is  an 
advantage  attending  this  arrangement.  The  leaders 
of  the  administration,  the  heads  of  departments,  can, 
as  members  of  the  house,  bring  forward  and  adva* 
cate  their  plans.  They  are  always  on  hand  to  give 
information  or  answer  objections. 

Art.  1,  § 7,  1.  “All  bills  for  raising  revenue  shall 
originate  in  the  House  of  Representatives,  but  the 
Senate  may  propose  or  concur  with  amendments,  a? 
on  other  bills.” 

This  provision  is  borrowed  from  the  House  oi 
Commons.  Whatever  reasons  may  exist  for  it  there, 
they  do  not  exist  in  the  United  States.  As  the  Senate 
has  the  power  of  amending  what  are  termed  “ money 
bills,”  it  might  just  as  well  have  the  power  of  orig- 
inating them. 

The  English  Constitution  requires  that  all  money 
bills  originate  in  the  House  of  Commons,  and  the 
House  of  Lords  must  pass  or  reject  them  without 
alteration.  This  gives  the  democratic  portion  of  the 
government  wellnigh  supreme  power,  if  they  choose 
to  exercise  it.  The  House  of  Commons  may  attach 
to  a money  bill  a rider  requiring  concessions  very  dis- 
tasteful, it  may  be,  to  the  aristocracy.  The  Lords  can 
make  no  alteration  in  the  bill.  They  must  pass  it 
with  its  obnoxious  provision  or  reject  it.  To  reject  it 


112 


THE  SCIENCE  OF  GOVERNMENT. 


may  be  to  deprive  the  government  of  funds,  to  stof 
the  payment  of  pensions,  and  throw  things  into  con 
fusion.  If  the  Commons  will  it,  they  can  compel  tin* 
Lords  to  pass  any  measure  they  may  choose  to  pro- 
pose: Reverence  for  the  aristocracy  seems  to  keep 
them  from  exercising  their  power. 

Art.  I,  § 7,  2.  “ Every  bill  which  shall  have  passed 
the  House  of  Representatives  and  the  Senate,  shall 
before  it  becomes  a law,  be  presented  to  the  President 
of  the  United  States ; if  he  approve,  lie  shall  sign  it, 
but  if  not,  ho  shall  return  it,  with  his  objections,  to 
that  house  in  which  it  shall  have  originated,  who  shall 
enter  the  objections  at  large  on  their  journal,  and  pro- 
ceed to  reconsider  it.  If  after  such  reconsideration, 
two-thirds  of  that  house  shall  agree  to  pass  the  bill, 
it  shall  be  sent,  together  with  the  objections,  to  the 
other  house,  by  which  it  shall  likewise  be  reconsid- 
ered, and  if  approved  by  two-thirds  of  that  house,  it 
shall  become  a law.  But  in  all  such  cases  the  votes 
of  both  houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  persons  voting  for  and  against 
the  bill  shall  be  entered  on  the  journal  of  each  house 
respectively.  If  any  bill  shall  not  be  returned  by  the 
President  within  ten  days  (Sundays  excepted)  after 
it  shall  have  been  presented  to  him,  the  same  shall  be 
a law,  in  like  manner  as  if  he  had  signed  it,  unless  the 
Congress,  by  their  adjournment,  prevent  its  return,  in 
which  case  it  shall  not  be  a law.” 


THE  SCIENCE  OP  GOVERNMENT. 


113 


A qualified  negative  on  the  acts  of  Congress  is 
thought  to  be  needed,  to  prevent  the  legislative  from 
encroaching  on  the  executive  department.  It  is  an 
additional  check  upon  the  legislative  bodies,  and  may 
prevent  hasty  and  unconstitutional  legislation. 

The  King  of  England  has  an  absolute  negative  on 
the  acts  of  Parliament,  but  there  has  not  been  an 
example  of  its  exercise  for  nearly  two  centuries. 

It  was  net  expected  that  the  veto  power  would 
be  often  used  by  the  President.  It  was  designed  to 
meet  emergencies.  Washington  used  it  but  once,  and 
that  on  constitutional  grounds.  This  veto  plainly 
prevented  a violation  of  the  Constitution. 

In  defence  of  this  provision  of  the  Constitution,  it 
may  be  said,  that  any  measure  so  important  that  the 
country  would  suffer  great  inconvenience  if  it  were 
not  passed,  cannot  be  prevented  by  the  President’s 
veto.  It  would  secure  the  votes  of  two-thirds  of  both 
houses  and  thus  become  a law. 

It  cannot  be  denied  that  when  parties  in  Congress 
are  not  far  from  equal,  the  President  can,  in  con- 
sequence of  possessing  the  veto  power,  exercise  an 
undue  control  over  the  course  of  legislation. 

Art.  1,  § 7,  3.  “ Every  order,  resolution  or  vote,  to 
which  the  concurrence  of  the  Senate  and  House  of 
Representatives  may  be  necessary  (except  on  a ques- 
tion of  adjournment),  shall  be  presented  to  the  Presi- 
dent of  the  United  States;  and  before  the  same  shall 


114 


THE  SCIENCE  OF  GOVEENMENT. 


take  effect,  shall  be  approved  by  him,  or,  being  dis^ 
approved  by  him,  shall  be  repassed  by  two-thirds  of 
the  Senate  and  House  of  Representatives,  according  to 
the  rules  and  limitations  prescribed  in  the  case  of  a 
bill.” 

If  an  order  or  resolution  might  take  effect  without 
the  signature  of  the  President,  a bill  or  matter  of 
great  importance  might  under  the  name  of  a resolii* 
tion  become  a law  without  the  President’s  assent. 


CHAPTER  Xtt 


POWEBS  OF  OONGEE88. 

Abt.  1,  § 8, 1.  “The  Congress  shall  have  power  to 
lay  and  collect  taxes,  duties,  imposts,  and  excises,  to 
pay  the  debts,  and  provide  for  the  common  defence 
and  general  welfare  of  the  United  States ; but  all 
duties,  imposts,  and  excises  shall  be  uniform  through- 
out the  United  States.” 

The  former  of  the  two  first  clauses  sustains  to  the 
latter  the  relation  of  means  to  end.  Congress  shall 
have  power  to  lay  taxes  in  order  to  pay  the  debts  and 
promote  the  general  welfare.  If  this  be  not  the  true 
interpretation,  then  Congress  has  unlimited  power. 
They  can  do  every  thing  that  they  think  tends  to 
'provide  for  the  common  defence  and  the  general  wel- 
fare. Now,  it  is  well  known  that  it  was  designed  to 
form  a government  of  limited  powers,  and  to  state 
the  limitations  is  one  of  the  objects  of  the  Constitu- 
tion. 

This  part  of  the  Constitution  gives  Congress  powei 


1 16  m SCIENCE  OP  GOVERNMENT 

to  raise  taxes  for  certain  specific  purposes.  Congress 
therefore  has  no  power  to  lay  taxes  for  any  other  pur- 
poses. If  Congress  should  pass  a law  imposing  a tax 
of  a million  dollars  to  aid  the  liberal  cause  in  Italy 
or  to  spread  the  gospel  in  \frica,  the  Taw  would  b 
unconstitutional. 

The  want  of  power  to  la)  and  collect  taxes  was  a 
radical  defect  of  the  Confederation.  No  government 
can  be  efficient  in  peace  or  war,  unless  it  can  command 
the  means  for  meeting  its  pecuniary  expenditure.  It 
can  have  this  means  only  as  it  has  the  power  of  laying 
and  collecting  taxes. 

Taxes  include  contributions  of  every  kind  required 
by  the  government  from  its  subjects  for  the  service 
of  the  State.  Imposts  are  taxes  levied  upon  goods 
upon  their  importation  from  a foreign  country.  Ex- 
cises are  taxes  levied  upon  goods  manufactured  or 
sold  in  the  country.  The  word  “ duties,”  as  generally 
used,  includes  imposts  and  excises,  and  taxes  on  goods 
exported  from  a country. 

All  taxes  laid  by  Congress  must  be  uniform 
throughout  the  United  States.  This  is  an  obvious 
dictate  of  justice.  • 

Can  Congress  impose  a duty,  that  is,  lay  a tax  for 
the  protecting  and  encouraging  domestic  manufac- 
tures, on  goods  imported  from  foreign  countries  ? 
This  question  has  been  warmly  debated  by  the  friends 
and  opponents  of  a tariff  for  the  protection  and  en- 


THE  SCIENCE  OF  GOVERNMENT. 


117 


couragement  of  domestic  industry.  It  is  admitted  by 
all,  that  Congress  has  power  to  lay  a tariff  for  raising 
a revenue  to  be  applied  to  paying  the  debts  and  pro- 
moting the  general  welfare ; but  it  has  been  denied  by 
some  that  Congress  has  power  to  lay  a tariff  for  the 
encouragement  of  domestic  industry.  If  Congress 
has  power  to  lay  and  collect  taxes  in  order  to  pro* 
mote  the  general  welfare,  then  if  the  laying  of  a tariff 
is  adapted  to  promote  the  general  welfare,  it  would 
seem  that  Congress  has  power  to  lay  a tariff. 

The  preamble  to  the  first  act  of  the  first  Congress 
under  the  Constitution  for  raising  a revenue,  recog- 
nizes the  duty,  on  the  part  of  Congress,  of  encourag- 
ing domestic  manufactures.  It  does  not  appear  that 
there  was  a single  member  of  Congress  who  doubted 
its  power  to  make  laws  for  the  encouragement  of  do- 
mestic manufactures.  Hamilton’s  celebrated  Report 
on  Manufactures  takes  for  granted  that  Congress  pos- 
sessed this  power.  The  doctrine  that  laws  for  the  en- 
couragement and  protection  of  domestic  manufactures 
were  unconstitutional,  was  first  taught  by  men  who  had 
been  instrumental  in  causing  such  laws  to  be  passed. 

The  question  is  not  open  to  debate.  Repeated  de- 
cisions of  the  Supreme  Court,  the  tribunal  authorized 
by  the  Constitution,  have  settled  the  question. 

The  question  whether  Congress  ought  to  pass  such 
laws,  or  whether  a system  of  free  trade  should  prevail, 
U a question  of  political  economy  and  not  of  constitu 


118 


THE  SCIENCE  OF  GOVERNMENT. 


tional  law.  On  this  question  there  is  a difference  of 
opinion  among  statesmen,  and  will  be,  probably,  for 
many  years. 

Congress  has  also  power, 

2.  “ To  borrow  money  on  the  credit  of  the 
United  States.”  If  this  power  were  not  possessed, 
it  would  be  necessary  to  provide  by  taxation  for 
every  public  expenditure.  This  would  be  impossible 
in  a long  and  expensive  war.  The  United  States 
could  not  have  raised  by  taxation  the  immense 
sums  expended  in  the  late  civil  war.  If  a country 
cannot  carry  on  war,  it  cannot  support  its  dignity  and 
maintain  its  independence.  Power  to  contract  debts 
may  be  said  to  be  essential  to  the  continuance  of  a 
government. 

The  law  of  nations  recognizes  the  power  of  all 
governments  to  contract  debts,  and  makes  the  debts 
contracted  by  one  government  binding  on  a succeed- 
ing government,  though  that  government  may  be  of 
an  entirely  different  nature,  and  may  be  founded  on 
the  forcible  overthrow  of  the  previous  government. 

The  exercise  of  this  power  by  the  government 
should  be  closely  watched  by  the  people. 

Congress  has  also  power, 

3.  “ To  regulate  commerce  with  foreign  nations,  and 
among  the  several  States,  and  with  the  Indian  tribes.” 

To  regulate  commerce  is  to  prescribe  thf  iules  foi 
carrying  on  commercial  intercourse  bet  nations 


THE  SCIENCE  OF  GOVERNMENT. 


119 


It  of  course  includes  rules  relating  to  navigation.  The 
Confederation  did  not  possess  this  power,  and  the 
consequence  was  the  ruin  of  our  interests  connected 
with  commerce  and  navigation.  Foreign  nations 
placed  such  restrictions  on  our  commerce  as  they 
chose,  and  the  Congress  of  the  Confederation  had  no 
power  to  make  any  retaliatory  restrictions  or  take  any 
corrective  measures. 

From  the  commencement  of  the  government  under 
the  Constitution,  this  power  has  been  exercised.  Of 
course  it  involves  power  to  lay  a protective,  or  even  a 
prohibitive  tariff. 

In  1807,  the  question  was  raised  whether  Congress 
had  power  to  lay  an  embargo  of  unlimited  duration. 
An  embargo  forbids  all  ships  and  vessels  from  leaving 
any  port  in  the  country  for  any  foreign  port,  so  long 
as  the  embargo  continues.  In  1807,  President  Jeffer- 
son recommended  the  laying  of  an  embargo  by  Con- 
gress, as  a measure  of  safety  for  our  vessels  which 
suffered  in  consequence  of  the  wars  then  in  progress 
among  the  European  powers.  It  was  laid.  Its  con- 
stitutionality was  questioned  by  some  in  the  commer- 
cial States.  It  was  admitted  that  Congress  had  power 
to  regulate  commerce,  but  it  was  contended  that  to 
regulate  was  not  to  destroy.  An  embargo  unlimited 
in  duration  was  the  destruction  of  commerce. 

An  appeal  was  made  to  the  Supreme  Court  upon 
the  question.  The  court  decided  that  the  law  was 


i20 


THE.  SCIENCE  OF  GOVERNMENT. 


constitutional.  Since  then  the  power  has  not  been 
questioned,  though  it  has  not  been  exercised. 

The  power  to  regulate  commerce  includes  power 
to  pass  Navigation  Laws.  Navigation  laws  have  for 
their  object  the  granting  of  peculiar  privileges  to  the 
ship-owners  of  the  country  making  the  laws.  The 
power  of  Congress  to  pass  such  laws  has  not  been 
called  in  question. 

Congress  has  also  power  to  regulate  commerce 
among  the  States.  This  is  necessary  to  the  prosperity 
and  harmony  of  the  States.  “ If  each  State  were  at 
liberty  to  regulate  the  trade  between  State  and  State, 
it  is  easy  to  foresee  that  ways  would  be  found  out  to 
load  the  articles  of  import  and  export,  during  their 
passage  through  the  jurisdiction,  with  duties  which 
should  fall  on  the  makers  of  the  latter  and  the  con- 
sumers of  the  former.  The  experience  of  the  Ameri- 
can States  under  the  Confederation  abundantly  estab- 
lishes that  such  arrangements  could  be  and  would  be 
made  under  the  stimulating  influence  of  local  inter- 
ests, and  the  desire  of  undue  gain.  Instead  of  acting 
as  one  nation  in  regard  to  foreign  powers,  the  States 
individually  commenced  a system  of  restraint  upon 
each  other,  whereby  the  interests  of  foreign  powers 
were  promoted  at  their  expense.  When  one  State 
imposed  high  duties  on  the  goods  or  vessels  of  a for- 
eign power  to  countervail  the  regulations  of  such 
powers,  the  next  adjoining  States  imposed  lighter  du< 


THE  SCIENCE  OF  GO  VERNMENT.  121 

tics  to  invite  those  articles  into  their  ports,  that  they 
might  be  transferred  thence  into  the  other  States,  se- 
curing the  duties  to  themselves.  This  contracted  policy 
in  some  of  the  States  was  soon  counteracted  by  oth- 
ers. Restraints  were  immediately  laid  upon  such 
commerce  by  the  suffering  States;  and  thus  a state  of 
affairs  disorderly  and  unnatural  grew  up,  the  neces- 
sary tendency  of  which  was  to  destroy  the  Union 
itself.”  * 

All  these  difficulties  were  brought  to  an  end  by 
conferring  upon  Congress  the  power  to  regulate  com- 
merce between  the  States. 

The  power  to  regulate  commerce  with  the  Indian 
tribes  was  necessary  to  the  peace  and  safety  of  the 
frontier  States. 

The  possession  of  this  power  to  regulate  com- 
merce, enabled  Congress  to  place  the  country  on  equal- 
ity with  foreign  nations,  and  to  compel  them  to  respect 
the  rights  of  our  commerce,  and  to  establish  an  equi- 
table and  harmonious  intercourse  between  the  States. 
The  possession  of  this  power  by  Congress  was  abso- 
lutely necessary  to  make  the  States  one  nation. 

Congress  has  also  power, 

4.  “To  establish  an  uniform  rule  of  naturalization, 
and  uniform  laws  on  the  subject  of  bankruptcies, 
throughout  the  United  States,” 

• Story. 


6 


122 


THE  SCIENCE  OP  GOVERNMENT. 


An  alien,  that  is  a foreigner,  a subject  of  a foreign 
State,  is  naturalized  when,  in  accordance  with  the  law, 
he  lias  renounced  his  allegiance  to  his  sovereign  or 
government,  and  taken  the  oath  of  allegiance  to  the 
Government  of  the  United  States.  He  is  then  a citi- 
zen of  the  United  States,  entitled  to  all  the  rights  and 
privileges  of  those  who  were  born  citizens,  except  the 
privilege  of  being  eligible  to  the  Vice-Presidency  and 
Presidency  of  the  United  States.  As  the  citizens  of 
each  State  are  entitled  to  all  the  rights  of  citizenship 
in  the  other  States,  the  rule  for  making  citizens  ought 
of  course  to  be  uniform. 

A bankrupt  law  is  a law  releasing  the  debtor  from 
the  legal  obligation  to  pay  his  debts.  Whether  a 
release  from  legal  obligation  is  also  a release  from 
moral  obligation,  is  a question  of  morals.  Whether 
bankrupt  laws  ought  to  be  passed  is  doubted  by  many. 
Granting  that  it  is  proper  that  such  laws  should  bf 
passed,  it  is  clear  that  they  should  be  passed  by  the 
Congress  of  the  United  States,  that  they  may  be  uni- 
form throughout  the  States.  There  is  at  the  present 
time  (1866)  no  national  bankrupt  law  in  force.  Con- 
gress has  twice  exercised  the  power;  in  each  case  the 
law  was  speedily  repealed. 

Most  of  the  States  have  insolvent  laws,  but  they 
do  not  affect  debts  contracted  previously  io  the  pas- 
sage of  the  law,  nor  debts  due  to  citizens  of  anothei 
State. 


THE  SCIENCE  OF  GOVERNMENT. 


123 


Congress  has  also  power, 

5.  “ To  coin  money,  regulate  the  value  thereof  and 
of  foreign  coin,  and  fix  the  standard  of  weights  and 
measures.” 

6.  “ To  provide  for  the  punishment  of  counterfeit* 
ing  the  securities  and  current  coin  of  the  United 
States.” 

The  coin  of  the  country  should  be  of  uniform 
purity  and  value,  and  hence  should  be  issued  by  the^ 
National  Government.  If  the  States,  or  if  individ- 
uals were  to  coin  money,  provided  they  put  the  same 
amount  of  gold  and  silver  in  the  coin  that  is  put  in  at 
the  mint  of  the  United  States,  their  coin  would  be  as 
valuable  as  the  coin  of  the  United  States.  But  if  the 
different  States  and  individuals  were  allowed  to  coin, 
there  svould  be  less  security  for  the  purity  of  the  coin 
than  at  present.  It  is  true  that  the  coin  may  be  de- 
based by  the  agents  of  the  United  States,  but  the 
security  is  greater  when  one  power  controls  the 
issue. 

It  is  of  the  utmost  importance  to  the  business 
interests  of  the  country  that  weights  and  measures 
should  be  uniform.  This  could  not  well  be  secured, 
if  the  power  were  not  vested  in  Congress. 

The  power  to  punish  counterfeiting  the  securities 
and  coin  of  the  United  States,  appropriately  follows 
the  power  to  issue  the  same. 

Congress  has  power, 


124 


THE  SCIENCE  OF  GOVERNMENT. 


7.  u To  establish  Post-Offices  and  Post-Ttoads.” 

The  National  Government  only  can  establish  and 

support  an  efficient  postal  system  throughout  the 
United  States.  To  establish  post-offices  and  post-roads, 
is  not  merely  to  designate  the  places  were  post-offices 
shall  be  kept,  and  the  roads  over  which  the  mail  shall 
be  carried;  it  gives  Congress  power  to  build  post- 
offices,  and  if  need  be  to  construct  roads.  Power  to 
do  these  things  is  implied  in  the  power  to  establish 
post-offices  and  post-roads.  Power  to  do  a thing 
implies  power  to  use  the  necessary  means. 

Congress  has  power,  ' 

8.  “ To  promote  the  progress  of  science  and  useful 
arts,  by  securing  for  limited  times  to  authors  and 
inventors  the  exclusive  right  to  their  respective  writ- 
ings and  discoveries.” 

It  is  difficult  to  see  why  an  author  has  not  as  per 
rnanent  a right  to  the  product  of  his  brain  as  the  shoe 
maker  has  to  the  product  of  his  hands.  It  is  true,  he 
cannot  enforce  his  right  even  for  a limited  time  with- 
out a copyright  granted  by  the  government.  If  Con- 
gress had  not  the  power  to  grant  copyrights,  the 
author  would  be  obliged  to  apply  to  the  State  govern- 
ments. His  property  would  not  be  secure  unless  ho 
had  a copyright  from  every  State.  If  he  had  a copy- 
right in  only  one  State,  it  might  be  violated  with 
impunity  in  every  other  State.  The  same  remark? 
apply  to  patents  for  inventions. 


THE  SCIENCE  OF  GOVERNMENT. 


121 


Congress  has  power, 

9.  “ To  constitute  tribunals  inferior  to  the  Supreme 
Court.” 

10.  “To  define  and  punish  piracies  and  felonies 
committed  on  the  high  seas,  and  offences  against  th 
Jaw  of  nations.” 

The  National  Government  is  responsible  to  foreign 
governments  for  the  conduct  of  its  citizens  on  the  high 
seas,  hence  it  should  have  power  to  define  and  punish 
offences  committed  there.  The  “ high  seas  ” begin  at 
low-water  mark,  and  embrace  all  the  waters  of  the 
ocean.  The  term  felony  is  usually  employed  to 
designate  such  crimes  as  are  punishable  by  death. 

Congress  has  power, 

11.  “To  declare  war,  grant  letters  of  marque  and 
reprisal,  and  make  rules  concerning  captures  on  land 
and  water.” 

12.  “To  raise  and  support  armies;  but  no  appro- 
priation of  money  to  that  use  shall  bp  for  a longer 
term  than  two  years.” 

13.  “ To  provide  and  maintain  a navy.” 

14.  “To  make  rules  for  the  government  and  regu- 
lation of  the  land  and  naval  forces.” 

15.  “ To  provide  for  calling  forth  the  militia  to 
execute  the  laws  of  the  Union,  suppress  insurreotionsj 
and  repel  invasions.” 

10.  “To  provide  for  organizing,  arming,  and  dis- 
ciplining the  militia,  and  for  governing  such  part  of 


i2 6 THE  SCIENCE  OF  GOVERNMENT. 

them  as  may  be  employed  in  the  service  of  the  United 
States,  reserving  to  the  States  respectively,  the  ap- 
pointment of  the  officers,  and  the  authority  of  training 
the  militia  according  to  the  discipline  prescribed  by 
Congress.” 

The  declaration  of  war  is  a solemn  act,  and  one  in 
which  it  is  fitting  that  both  branches  of  the  legislature 
and  the  executive  take  part.  War  should  not  be  entered 
upon  unless  deemed  necessary  by  a majority  of  both 
houses  of  Congress  and  the  President. 

The  Britisji  Constitution  gives  to  the  king  alone 
the  power  to  declare  war ; yet,  as  the  Commons  hold 
the  purse,  he  cannot  carry  on  a war  unless  a majority 
of  the  Commons  approve  it.  Thus  the  power  to  de- 
clare war  rests  practically  with  the  House  of  Com- 
mons. 

Letters  of  marque  and  reprisal  are  commissions 
granted  by  a government  to  its  citizens  to  seize  the 
property  of  an  enemy,  or  of  persons  belonging  to 
another  government  refusing  to  do  justice  to  the  citi- 
zens of  the  country  granting  the  commissions. 

If  two  nations  are  at  war,  individuals  are  not  a$ 
liberty  to  fit  out  armed  vessels  and  seize  the  property 
uf  the  enemy  on  the  high  seas.  Were  this  done  with 
out  a commission  from  the  government,  it  would  be 
piracy,  and  the  authors  would,  if  captured  by  the 
enemy,  be  treated  as  pirates,  and  not  as  prisoners  of 


war. 


THE  SCIENCE  OF  GOVERNMENT. 


12* 


Under  the  Confederation,  Congress  had  no  power 
tc  :aise  armies.  It  had  power  simply  “ to  agree  upon 
th  o number  of  land  forces,  and  to  make  requisitions 
fi  jm  each  State  for  its  quota.”  It  was  then  the  duty 
of  each  State  to  furnish  its  quota.  Experience  proved 
that  the  system  was  miserably  inadequate.  “It  i 
essential  to  the  common  defence,  that  the  national 
government  should  possess  the  power  to  raise  armies, 
build  and  equip  fleets,  prescribe  rules  for  the  govern- 
ment of  both,  and  provide  for  their  support.” 

The  power  to  raise  and  support  armies  is  not  with- 
out limitation.  No  appropriation  of  money  for  the 
support  of  armies  can  be  made  for  a longer  term  than 
two  years.  A new  Congress  is  chosen  every  two 
years.  If  the  people  disapprove  of  the  war,  they  can 
put  an  end  to  it  by  electing  to  Congress  men  repre- 
senting their  views. 

Congress  has  power  to  provide  for  the  calling  out 
the  militia  to  execute  the  laws,  to  suppress  insurrec- 
tions, and  repel  invasions.  It  was  necessary  to  give 
Congress  this  power,  or  to  keep  a standing  army.  In 
1795,  Congress,  in  pursuance  of  this  authority,  pro- 
vided by  law  “that  whenever  the  United  States  shall 
be  invaded,  or  be  in  imminent  danger  of  invasion  from 
any  foreign  nation  or  Indian  tribe,  it  shall  be  lawful 
for  the  President  to  call  forth  such  a number  of  the 
militia  of  the  State  or  of  the  States  most  convenient* 
to  the  place  of  danger  or  scene  of  action,  as  he  may 


123 


THE  SCIENCE  OF  GOVERNMENT. 


judge  necessary  to  repel  said  invasion,  and  to  issue 
his  order  for  that  purpose  to  such  officer  or  officers  of 
the  militia  as  he  shall  think  proper.’5 

The  Constitution  says  that  Congress  shall  provide 
for  calling  out  the  militia  to  repel  invasions.  The  law 
authorizes  the  President  to  call  them  out  in  case  of 
“ imminent  danger  of  invasion,”  on  the  principle  that 
power  to  repel  invasion  includes  the  power  to  guard 
against  any  attempt  and  danger  of  invasion. 

A decision  of  the  Supreme  Court  has  determined 
that  the  authority  to  decide  when  the  danger  is  suf- 
ficient to  justify  a call  for  the  militia,  rests  with  the 
President,  and  not  with  the  officers  to  whom  the  or- 
ders of  the  President  are  addressed.  If  the  President 
should  abuse  the  power,  and  call  out  the  militia  when 
there  was  nonnecessity  for  so  doing,  he  would  be  liable 
to  impeachment. 

The  power  to  organize,  arm,  and  discipline  the 
militia,  and  to  govern  such  part  of  them  as  may  be 
employed  in  the  service  of  the  United  States,  is  neces- 
sary to  their  efficiency.  The  appointment  of  the 
officers,  and  authority  to  train  the  militia  according  to 
the  discipline  prescribed  by  Congress,  is  reserved  to 
the  States.  It  was  the  policy  of  the  framers  of  the 
Constitution  to  leave  as  much  power  to  the  States  as 
was  consistent  with  an  efficient  government  for  the 
United  States. 

Congress  has  power, 


THE  SCIENCE  OF  GOVERNMENT. 


129 


Art.  1,  § 8,  17.  “To  exercise  exclusive  legislation  in 
ail  cases  whatsoever  over  such  district  (not  exceeding 
fen  miles  square)  as  may,  by  cession  of  particular  States 
nd  the  acceptance  of  Congress,  become  the  seat  of 
government  of  the  United  States,  and  to  exercise  like 
authority  over  all  places  purchased  by  the  consent  of 
the  legislature  of  the  State  in  which  the  same  shall  be, 
for  the  erection  of  forts,  magazines,  arsenals,  dockyards, 
and  other  needful  buildings;  and  to  make  all  laws 
which  shall  be  necessary  and  proper  for  carrying  into 
execution  the  foregoing  powers,  and  all  other  powers 
vested  by  this  Constitution  in  the  government  of  the 
United  States,  or  in  any  department  or  office  thereof.” 

It  is  necessary  for  the  independence  of  Congress 
that  it  should  possess  supreme  authority  over  the  place 
of  its  sessions.  At  one  time,  the  Congress  of  the 
Confederation  while  sitting  at  Philadelphia,  was  sur- 
rounded by  a mob  of  mutineers  from  the  Coni  mental 
army.  The  executive  of  Pennsylvania,  not  taking 
prompt  measures  for  their  defence,  Congress  adjourned 
to  Princeton,  New  Jersey,  and  from  thence,  for 
greater  convenience,  to  Annapolis. 

The  forts,  magazines,  etc.,  belonging  to  the 
United  States,  should  not  be  under  the  control  of 
any  one  of  the  States.  This  is  too  plain  to  need 
proof. 

While  it  is  conceded  by  all,  that  Congress  had  no 
power  to  abolish  slavery  in  the  States  so  long  as  thosa 

6* 


130 


THE  SCIENCE  OF  GOVERNMENT. 


Stales  performed  their  constitutional  duties,  yet  there 
can  be  no  doubt  as  to  their  power  to  abolish  slavery 
in  the  District  of  Columbia.  The  Constitution  clothes 
Congress  with  power  to  “ exercise  exclusive  legislation 
in  all  cases  whatsoever.” 

This  power  was  exercised  in  the  year  1863,  by 
forever  abolishing  slavery  in  the  District  of  Co- 
lumbia. 

The  clause  declaring  that  Congress  shall  have 
power  to  make  all  laws  which  shall  be  necessary  and 
proper  for  carrying  into  execution  the  powers  ex- 
pressly conferred,  was  scarcely  necessary.  Power  to 
do  a thing  includes  the  power  to  use  the  necessary 
means  for  doing  it. 

This  clause  of  the  Constitution  has  become  note- 
worthy, because  on  it  was  founded  the  argument  for 
the  constitutionality  of  a national  bank.  The  power 
of  Congress  to  charter  a national  bank  was  once  keen- 
ly debated,  and  the  leading  statesmen  of  the  day  took 
opposite  sides  of  the  question. 

The  first  national  bank  was  chartered  by  Congress 
in  the  early  part  of  the  first  administration  of  Wash- 
ington, with  a capital  of  $10,000,000.  When  the  bill 
was  presented  to  Washington,  he  asked  the  opinion  of 
his  cabinet.  Hamilton  and  Knox  advised  him  to  sign 
the  bill,  Jefferson  and  Randolph  advised  against  it. 
After  long  deliberation  he  signed  it,  and  it  became  a 
law. 


THE  SCIENCE  OE  GOVERNMENT. 


131 


The  charter  of  the  bank  expired  in  1811.  Iii 
18 1G  a second  national  bank,  chartered  by  Congress, 
went  into  operation  with  a capital  of  $30,000,000. 
Its  charter  expired  in  1836.  Bills  renewing  its  char- 
ter wel-e  passed  by  Congress,  and  vetoed  by  President 
Jackson  on  the  ground  that  they  were,  in  his  view 
uncon  stitution  al. 

The  main  argument  in  favor  of  the  constitution- 
ality of  an  act  of  Congress  chartering  a bank  of  the 
United  States,  may  be  stated  as  follows : a bank  is  a 
necessary  and  proper  means  of  conducting  the  fiscal 
affairs  of  the  government,  therefore  it  is  constitu- 
tional. 

The  objector  says  it  is  not  a necessary  means,  for 
the  fiscal  affairs  of  the  government  can,  and  have  been, 
managed  without  it. 

To  this  it  is  replied  that  the  term  necessary  is  not 
to  be  taken  in  its  strictest  sense,  for  it  is  followed  and 
modified  by  the  word  proper — “ necessary  and  proper” 
means. 

The  question  has  been  twice  before  the  Supreme 
Court,  and  the  decision  in  both  cases  was  in  fa- 
vor of  the  constitutionality  of  the  bank.  Since  the 
arbiter  appointed  by  the  Constitution  has  decided 
the  question,  it  can  no  longer  be  regarded  as  an  open 
one. 

This  power  was  exercised  by  Congress  in  1863,  in 
the  passage  of  “ the  act  to  provide  a national  cup 


132 


THE  SCIENCE  OF  GOVERNMENT. 


rency,  secured  by  a pledge  of  United  States  stocks, 
and  to  provide  for  the  circulation  and  redemption 
thereof.” 

This  act  gave  existence  to  the  national  banka 
which  are  scattered  throughout  the  land. 


CHAPTER  XHL 


PROHIBITIONS  ON  CONGRESS  AND  THE  STATES. 

Akt.  1,  § 9,  1.  “ The  migration  or  importation  of 
each  persons  as  any  of  the  States,  now  existing  shall 
think  proper  to  admit,  shall  not  be  prohibited  by 
Congress  prior  to  the  year  one  thousand  eight  hundred 
and  eight ; but  a tax  or  duty  may  be  imposed  on  such 
importation,  not  exceeding  ten  dollars  for  each  per* 
son.” 

The  slave  trade  was  carried  on  between  Africa  and 
the  Southern  States,  and  by  every  civilized  nation  of 
Europe,  when  the  Constitution  was  formed.  When 
the  subject  came  before  the  convention,  some  of  the 
States  desired  to  introduce  into  the  Constitution  an 
article  prohibiting  it  at  once. 

The  proposition  to  allow  its  continuance  to  the 
year  1808,  was  finally  carried  by  the  aid  of  Northern 
votes.  It  is  supposed  that  some  of  the  Northern 
votes  were  given  for  the  extension  of  the  S.«we  trade, 


134 


THE  SCIENCE  OF  GOVERNMENT. 


on  condition  that  Southern  votes  should  be  given  in 
favor  of  navigation  laws  desired  by  the  North.  It  is 
estimated  that  300,000  s.  aves  were  imported  between 
the  time  of  the  formation  of  the  Constitution  and  1808. 

This  was  the  first  movement  in  the  civilized  world 
toward  restricting  and  abolishing  that  inhuman  traffic. 
Congress  prohibited  it  as  soon  as  this  provision  of  the 
Constitution  would  allow. 

Art.  1,  § 9,  2.  “ The  privilege  of  the  writ  of  ha 
beas  corpus  shall  not  be  suspended,  unless  when,  in 
cases  of  rebellion  or  invasion,  the  public  safety  may 
require  it.” 

The  writ  of  habeas  corpus  is  the  great  safeguard 
against  unjust  imprisonment.  If  a man  is  arrested 
and  imprisoned,  a writ  of  habeas  corpus  may  be  sued 
out  before  a competent  judge.  By  this  writ,  the  judge 
orders  the  man  to  be  brought  before  him,  and  requires 
those  detaining  him  to  show  cause  why  he  should  not 
be  discharged.  If  good  reasons  are  given  why  he 
should  be  deprived  of  his  liberty,  the  judge  will  re- 
mand him  to  prison.  If  good  cause  be  not  shown,  he 
will  discharge  him.  While  this  writ  is  not  suspended, 
no  one  can  be  held  in  prison  for  any  considerable 
length  of  time,  without  just  cause.  It  may,  therefore, 
well  be  regarded  as  one  of  the  greatest  safeguards  of 
individual  liberty. 

There  may  come  emergencies  when  the  public 
safety  may  require  that  the  writ  be  suspended.  The 


THE  SCIENCE  OF  GOVERNMENT. 


135 


imly  emergencies  authorizing  its  suspension  are  rebel- 
lion and  invasion. 

Durin 2 the  late  rebellion,  the  writ  of  habeas  cor 
pus  was  suspended.  Men  were  arrested  and  put  in 
rison  without  the  forms  of  law.  It  was  one  of  those 
xtraordinary  occasions  which,  according  to  the  con- 
stitutional provision,  justified  the  suspension  of  the 
writ  of  habeas  corpus . 

Who  is  to  decide  whether  in  time  of  rebellion  o 
invasion,  the  public  safety  requires  the  suspension  of 
the  writ?  Congress  or  the  President?  Some  con- 
tend that  the  power  to  decide  rests  with  the  President ; 
others  that  it  rests  with  Congress.  In  the  late  suspen- 
sion, the  act  was  done  by  the  President,  and  subse- 
quently sanctioned  by  Congress. 

Art.  1,  § 9,  3.  “No  bill  of  attainder  or  ex  post 
facto  law  shall  be  passed.” 

A bill  of  attainder  is  an  act  of  a legislature  declar- 
ing a man  guilty  of  some  crime,  and  sentencing  him 
to  death.  In  former  days  such  acts  were  passed,  often 
without  giving  the  accused  an  opportunity  to  answer 
to  the  accusation  brought  against  him,  and  without 
the  formality  of  proof.  Many  legislative  murders 
have  thus  been  committed.  The  bloody  records  ol 
the  past  led  our  fathers  effectually  to  prevent  this 
Kind  of  injustice  in  the  United  States.  Ours  is  the 
first  goverument  prohibiting  acts  of  attainder. 

An  ex  post  facto  law  defines  itself  as  being  made 


136 


THE  SCIENCE  OF  GOVEKNMENT. 


after  the  performance  of  the  act  which  it  declares  lo 
be  criminal.  The  obvious  injustice  of  t3uch  a law  ren 
ders  it  proper  that  it  should  be  forbidden  by  the  Con 
stitution.  “ The  prohibition  reaches  every  law  where- 
by an  act  is  declared  a crime,  and  made  punishable  as 
such,  when  it  was  not  a crime  when  done ; or  whereby 
an  act,  if  a crime  is  aggravated  in  enormity,  or  pun- 
ishment ; or  whereby  different  or  less  evidence  is  re- 
quired to  convict  an  offender  than  was  required  when 
the  act  was  committed.” 

Art.  1,  § 9,  4.  “ No  capitation  or  other  direct  tax 
shall  be  laid  unless  in  proportion  to  the  census  or  enu- 
meration herein  before  directed  to  be  taken.” 

A capitation  is  a poll-tax,  that  is,  a tax  levied  by 
the  head.  This  clause  requires,  that  in  laying  a poll- 
tax  only  three-fifths  of  the  slaves  should  be  counted. 
Three-fifths  of  the  slaves,  it  will  be  recollected,  are  in- 
cluded in  the  enumeration  of  the  population  with 
reference  to  representation  and  direct  taxes. 

Art.  1,  § 9,  5.  “No  tax  or  duty  shall  be  laid  on 
articles  exported  from  any  State.  No  preference  shall 
be  given  by  any  regulation  of  commerce  or  revenue  to 
the  ports  of  one  State  over  those  of  another ; nor  shall 
vessels  bound  to  or  from  one  State,  be  obliged  to  enter 
clear,  or  pay  duties  in  another.” 

» “ To  enter,”  is  for  the  captain  to  report  the  arrival 

of  the  ship  and  the  contents  of  the  cargo,  and  get 
leave  to  land  the  same.  “ To  clear,”  is  ti  report  the 


THE  SCIENCE  OF  GOVERNMENT. 


13) 


3hip  and  her  intended  voyage  and  cargo,  and  receive 
the  necessary  papers  from  the  authorities. 

This  requires  the  National  Government  to  treat  the 
lifferent  States  with  equal  justice.  Under  the  British 
jolonial  system,  no  American  vessel  could  enter  a port 
on  the  continent  of  Europe,  unless  it  had  previously 
entered  and  cleared  from  a British  port.  The  object 
of  this  was  to  benefit  British  ports.  Congress  cannot 
pursue  a similar  course  in  regard  to  any  one  of  the 
States. 

Art.  1,  §9,6.  “No  money  shall  be  drawn  from 
the  treasury,  but  in  consequence  of  appropriations 
made  by  law ; and  a regular  statement  and  account 
of  the  receipts  and  expenditures  of  all  public  money 
6hall  be  published  from  time  to  time.” 

The  improper  use  of  the  public  funds  by  any  officer 
of  government,  is  here  guarded  against,  and  additional 
responsibility  thrown  upon  those  who  have  charge  of 
the  treasury,  by  the  publication  of  the  receipts  and 
expenditure. 

Art.  1,  § 9,  7.  “ No  title  of  nobility  shall  be  granted 
by  the  United  States;  and  no  person  holding  any 
office  of  profit  or  trust  under  them  shall,  without  the 
consent  of  Congress,  accept  of  any  present,  emolument, 
office,  or  title  of  any  kind  whatever,  from  any  king, 
prince,  or  foreign  State.” 

Titles  of  nobility  are  inconsistent  with  the  equality 
which  is  the  basis  of  republican  institutions.  The  re 


138 


THE  SCIENCE  OF  GOVERNMENT, 


retaining  provision  was  intended  to  guard  against  for 
eign  influence.  The  officials  of  one  government  Lave 
often  been  bribed  to  favor  the  interests  of  another 
This  provision  of  the  Constitution  is  not  a perfect 
safeguard  against  bribery,  but  it  will  act  as  a restraint 
at  least,  no  one  can  be  bribed  by  a title  which  he  can- 
not accept. 

The  States  are  also  prohibited  from  granting  any 
title  of  nobility. 

Art.  1,  § 10, 1.  “ No  State  shall  enter  into  any  treaty, 
alliance,  or  confederatian ; grant  letters  of  marque  and 
reprisal ; coin  money ; emit  bills  of  credit ; make  any 
thing  but  gold  and  silver  coin  a tender  in  payment 
of  debts  ; pass  any  bill  of  attainder,  ex  post  facto  law, 
or  law  impairing  the  obligation  of  contracts,  or  grant 
any  title  of  nobility.” 

If  a State  could  enter  into  treaties  with  foreign 
nations,  it  would  render  useless  the  power  given  to  the 
General  Government  to  make  treaties.  One  State 
might  enter  into  engagements  with  foreign  nations 
which  might  be  very  injurious  to  other  States.  The 
action  of  a single  State  might  involve  the  vhole  na- 
tion in  war.  In  fact,  the  chances  for  war  would  be 
multiplied  by  the  number  of  States.  There  could  be 
no  such  thing  as  a supreme  national  government  if  th 
individual  States  could  enter  into  treaties,  alliances,  ot 
confederation.  We  may  here  notice  the  impropriety 
of  speaking  of  the  States  as  sovereign  States,  when 


THE  SCIENCE  OF  GOVERNMENT. 


139 


they  are  entirely  destitute  of  the  treaty-making 
power. 

If  the  States  could  grant  letters  of  marque  and 
reprisal,  there  would  be  constant  danger  of  war 
Each  State  might  as  well  have  power  to  declare  war 
as  to  issue  letters  of  marque. 

If  each  State  could  coin  money,  the  coinage  of  the 
different  States  might  be  different.  There  might  be 
as  many  different  currencies  as  States.  Those  who 
have  travelled  in  Europe,  and  found  themselves  com- 
pelled to  use  different  kinds  of  money  in  the  course  of 
a few  hours  as  they  passed  from  one  territory  to 
another,  can  have  some  idea  of  the  great  inconvenience 
that  would  result  from  having  different  kinds  of 
money  in  the  different  States. 

If  the  States  possessed  power  to  coin  money  con- 
currently with  the  General  Government,  and  were  to 
adopt  and  issue  the  same  coins,  there  would  not  be  the. 
same  security  that  there  now  is  that  the  work  would 
be  faithfully  done. 

Under  the  Confederation,  the  States  had  a con- 
current power  with  Congress  to  coin  money;  but 
Congress  had  exclusive  power  to  regulate  the  alloy  and 
the  value  of  the  coin  issued  by  the  States.  The  cost 
of  coining  is  less,  and  the  security  for  uniformity  in 
value  greater,  by  vesting  the  power  of  coining  ex 
clusively  in  the  National  Government. 

The  prohibition  relating  to  bills  of  credit  wan 


140 


THE  SCIENCE  OF  GOVERNMENT. 


designed  to  prevent  the  States  from  issuing  pap<* 
money — that  is,  treasury  notes  or  government  promises 
to  pay,  intended  to  circulate  as  money.  Before  and 
during  the  Revolution,  Congress  and  the  legislatures 
of  the  States  issued  bills  of  credit  or  pa])er  money 
The  consequence  was,  the  disappearance  of  gold  and 
silver  from  circulation,  and  the  continued  depreciation 
of  the  bills  till  they  became  worthless.  The  evils  of 
an  irredeemable,  depreciating  currency  are  great 
beyond  calculation.  There  can  be  no  doubt  as  to  the 
wisdom  of  this  prohibition  on  the  States,  and  it  may 
be  questioned  if  there  would  not  have  been  equal  wis- 
dom in  extending  it  to  the  United  States. 

This  prohibition  to  issue  bills  of  credit,  does  not 
deprive  the  States  of  the  power  to  borrow  money  and 
to  give  bonds  or  certificates  of  indebtedness.  When 
the  Constitution  was  formed,  bills  of  credit  signified  a 
paper  currency  issued  by  the  legislative  power. 

No  State  can  “ make  any  thing  but  gold  and  silver 
coin  a tender  in  payment  of  debts.”  “ A tender  is  an 
offer  of  a sum  of  money  in  satisfaction  of  a sum  or 
claim,  by  producing  and  showing  the  amount  to  the 
creditor  or  party  claiming,  and  expressing  verbally  a 
willingness  to  pay  it.  A mere  offer  to  pay  it  is  not, 
in  legal  strictness,  a tender.”  Gold  and  silver  is  tlio 
usual  legal  tender  throughout  the  civilized  world. 
Gold  and  silver  alone  constitute  money.  When  a 
man  contracts  a debt,  enters  into  an  engagement  to 


THE  SCIENCE  OF  GOVERNMENT. 


141 


pay  money,  his  creditor  is  wronged  if  he  is  obliged  to 
take  any  thing  else. 

The  legislation  of  the  States  furnished  many  ex- 
amples of  the  evil  guarded  against  by  this  prohibition. 
“ Property  of  any  sort,  however  worthless,  either  reai 
or  personal,  might  be  tendered  by-the  debtor  in  pay- 
ment of  his  debt ; and  the  creditor  was  compelled  to 
take  the  property  of  the  debtor,  which  he  might  seize 
on  execution,  at  an  appraisement  wholly  dispropor- 
tionate to  its  real  value.”  Such  laws  “ entailed  the 
most  enormous  evils  on  the  country ; and  introduced 
a system  of  fraud,  chicanery,  and  profligacy  which 
destroyed  all  private  confidence,  industry,  and  enter- 
prise.” * 

The  Constitution  does  not  prohibit  Congress  from 
establishing  by  law  a legal  tender  not  consisting  of 
gold  and  silver.  It  does  not  formally  bestow  the 
power  to  do  it.  It  is  silent  on  the  subject. 

No  State  “ shall  pass  any  bill  of  attainder  or  ex 
post  facto  law.”  Before  the  adoption  of  the  Federal 
Constitution,  every  State,  unless  prevented  by  its 
own  constitution,  might  pass  bills  of  attainder  and  ex 
post  facto  laws.  We  have  seen  that  Congress  is  for 
bidden  to  pass  such  laws.  That  prohibition  would  be 
of  little  consequence,  if  the  same  prohibition  were  not 
laid  upon  the  States.  Such  laws  were  often  passed 
by  the  States  during  the  Revolutionary  war. 

* Story. 


142 


THE  SCIENCE  OF  GOVERNMENT. 


No  State  shall  pass  any  “law  impairing  the  obli- 
gation of  contracts.”  The  object  of  this  provision  is 
to  secure  the  inviolability  of  contracts.  The  word 
contract  is  here  used  in  a much  wider  sense  than  that 
of  an  agreement  between  man  and  man.  It  includes 
legislative  grants,  charters,  and  compacts  between 
States.  If  a State  were  to  pass  a law  altering  the 
terms  of  an  existing  contract  or  agreement  between 
parties,  the  law  would  be  null  and  void,  because  it 
would  be  unconstitutional.  If  a State  grants  certain 
privileges  to  a corporation,  to  a banking  company  for 
example,  so  long  as  the  company  complies  with  the 
terms  and  conditions  of  the  grant,  the  legislature  can 
not  repeal  or  change  the  character  of  the  grant. 

A charter  or  act  of  incorporation  is  a contract  in 
view  of  the  Constitution.  So  long  as  the  trustees  do 
not  violate  their  charter,  it  cannot  be  altered  by  the 
legislature  without  their  consent. 

Does  not  this  clause  of  the  Constitution  prohibit 
the  States  from  passing  insolvent  laws  ? It  prohibits 
them  from  passing  laws  affecting  debts  contracted 
before  the  passage  of  the  law,  and  debts  due  to  citi- 
zens of  another  State.  The  Supreme  Court  has  de 
cided  that  the  States  may  pass  laws  discharging  the 
debtor  from  debts  contracted  subsequently  to  the  pas 
sage  of  the  law.  The  creditor  allowed  the  debt  to  be 
contracted  knowing  that  the  insolvent  .aw  existed. 

Art.  1,  § 10,  2.  “No  State  shall,  without  the  con« 


THE  SCIENCE  OE  GOVERNMENT. 


143 


cent  of  the  Congress,  lay  any  imposts  or  duties  on  in* 
ports  or  exports,  except  what  may  be  absolutely  ne- 
cessary for  executing  its  inspection  laws ; and  the  net 
produce  of  all  duties  and  imposts,  laid  by  any  State 
on  imports  or  exports,  shall  be  for  the  use  of  the  treas- 
ury of  the  United  States ; and  all  such  laws  shall  be 
subject  to  the  revision  and  control  of  the  Congress, 
No  State  shall,  without  the  consent  of  Congress,  lay 
any  duty  of  tonnage,  keep  troops  or  ships  of  war,  in 
time  of  peace,  enter  into  any  compact  or  agreement 
with  another  State,  or  with  a foreign  power,  or  engage 
In  war,  unless  actually  invaded,  or  in  such  imminent 
danger  as  will  not  admit  of  delay.” 

The  object  of  an  inspection  law  is  to  secure  the 
purchaser  against  imposition,  by  an  official  examina- 
tion of  the  article,  and  a certificate  as  to  the  quality 
of  the  same.  The  interests  of  New  York  require  that 
the  flour  sent  from  that  port  be  of  a good  quality,  or 
at  least  that  it  shall  be  what  it  purports  to  be.  To 
secure  this  an  inspector  is  appointed  by  the  State,  who 
inspects  the  flour  about  to  be  shipped.  For  this  he 
must  be  paid,  and  if  it  be  necessary  for  the  execution 
of  the  law,  the  State  may  lay  a duty  to  meet  the  ex- 
pense. If  the  duty  brings  in  more  than  is  necessary 
to  execute  the  law,  it  must  be  paid  over  to  the  United 
States.  If  this  were  not  required  by  the  Constitu- 
tion, the  State  might  raise  a revenue  from  exports  or 
imports,  under  pretence  of  making  provision  for  the 


144 


THE  SCIENCE  OF  GOVERNMENT, 


execution  of  her  inspection  laws.  To  prevent  every 
thing  of  the  kind,  it  is  expressly  provided  that  such 
laws  shall  be  subject  to  the  revision  and  control  of  the 
Congress. 

Tonnage  is  the  number  of  tons  burden  which  a ship 
can  carry.  A duty  on  tonnage  is  a tax  proportioned 
to  the  tonnage  of  the  ship. 

As  the  power  to  declare  war  is  vested  in 
Congress,  and  as  the  protection  of  the  whole  Union 
is  confided  to  the  National  Government,  there  is 
no  reason  why  any  individual  State  should  keep 
troops  or  armed  ships  in  time  of  peace.  In  time 
of  war,  a State  may  be  so  situated  as  to  render 
it  necessary  for  her  to  raise  troops  in  addition  to 
those  of  the  National  Government.  So  also,  when 
the  State  is  in  imminent  danger  of  invasion,  it  is 
proper  that  the  State  should  possess  and  exercise 
this  power. 

We  have  thus  considered  the  powers  conferred 
on  Congress  by  the  Constitution,  and  the  pro- 
hibitions on  Congress  and  on  the  State  legis 
latures.  We  have  seen  that  such  powers  were 
conferred  on  Congress,  as  were  necessary  to  enable 
it  effectually  to  provide  for  the  common  interests 
of  the  States,  and  the  welfare  of  the  whole  as  one 
nation.  We  have  seen  that  each  State  has  power 
to  legislate  on  domestic  interests,  and  that  Congreg* 


THE  SCIENCE  OF  GOVERNMENT. 


145 


is  restrained  from  interfering  with  such  legislation, 
The  two  systems  of  government,  the  National  and 
the  State,  are  sc  adjusted  as  to  work  in  harmo- 
ny, and  unite  in  promoting  the  prosperity  of  the 
nation. 


7 


CHAPTER  XIV, 


CHE  EXECUTIVE  DEPARTMENT. 

Art.  2,  § L.  “The  executive  power  shall  he  vested 
in  a President  of  the  United  States  of  America.  He 
shall  hold  his  office  during  the  term  of  four  years,  and, 
together  with  the  Vice-President,  chosen  for  the  same 
term,  be  elected  as  follows.” 

A prompt,  vigorous,  and  faithful  execution  of  the 
laws  is  essential  to  good  government.  Experience  has 
shown  that  such  an  execution  of  the  laws  is  most 
likely  to  be  secured  when  the  executive  department  is 
distinct  from  the  legislative. 

Experience  has  also  shown  that  the  executive 
power  should  be  vested  in  a single  person — that  a 
single  is  better  than  a plural  executive. 

Unity,  secrecy,  promptness  of  decision  and  action 
are  best  secured  by  a single  executive.  Differences 
of  opinion,  jealousies,  and  a divided  responsibility  are 
liable  to  take  place  in  a plural  executive. 

Rome  had  a plural  executive  in  her  two  consuls. 
History  records  the  resulting  evils. 

Some  of  the  American  States  during  the  Revolt* 


THE  SCIENCE  OF  GOVERNMENT.  147 

fcionary  war  had  a plural  executive.  The  executive 
power  in  Pennsylvania  was  at  one  time  vested  in  a 
committee  of  thirteen  The  palpable  evils  resulting, 
led  all  the  States  to  adopt  a single  executive.  It  may, 
therefore,  be  regarded  as  a settled  maxim  in  political 
science,  that  the  executive  power  should  be  vested  in 
a single  person.  On  this  point  the  framers  of  the 
Constitution  were  unanimous. 

The  President  is  elected  for  four  years.  There  was 
a good  deal  of  discussion  on  this  point  in  the  Federal 
Convention.  Some  wished  to  have  the  term  of  service 
much  shorter,  and  some  wished  to  have  extended  it  to 
seven  years.  Hamilton  would  have  had  it  to  continue 
during  good  behavior. 

In  favor  of  four  years  it  may  be  said,  that  it  is 
long  enough  to  carry  out  a system  of  policy.  If  the 
executive  power  were  possessed  but  for  one  year,  a 
system  could  only  be  entered  upon ; it  could  not  be 
completed,  or  so  far  carried  out  as  to  be  tested.  Noth- 
ing important  would  be  undertaken.  To  meet  the 
exigencies  of  the  hour  would  be  all  that  the  executive 
would  attempt  to  do. 

On  the  contrary,  were  the  executive  power  possess- 
ed for  ten  years,  there  would  be  danger  of  its  abuse. 
AW  experience  has  shown  that  men  cannot  be  trusted 
with  power  for  any  great  length  of  time.  The  weak- 
ness and  wickedness  of  man  requires  that  great  power 
should  not  be  in  the  same  hands  for  a great  length  of  time, 


148 


THE  SCIENCE  OF  GOVERNMENT. 


It  will  be  observed  that  the  President’s  term  of 
office  is  intermediate  between  that  of  the  representa- 
tive and  the  senator.  The  House  of  Representatives 
may  be  entirely  changed,  and  two-thirds  of  the  Senate, 
during  one  Presidential  term.  If,  therefore,  the  exec- 
utive power  is  seen  to  influence  unduly  the  legisla- 
ture, the  people  can  elect  representatives  and  senators 
who  will  be  ^ss  subservient  to  his  will. 

The  President  can  be  reelected  as  many  times  as 
the  people  may  see  fit.  Some  think  he  should  not  be 
reeligible.  If  this  were  the  case,  he  would  not  shape 
his  policy  with  reference  to  securing  a reelection.  On 
the  other  hand,  he  might  pursue  a course  of  corrup- 
tion which  the  hope  of  a reelection  might  prevent. 

If  he  were  not  reeligible,  the  services  of  a very 
valuable  man  might  be  lost  when  most  needed.  Theie 
are  times  when  experience  is  of  the  utmost  import 
ance.  It  would  be  very  unwise  to  prevent  the  people 
from  availing  themselves  of  the  experience  gained  by 
four  years  service  in  the  executive  department.  The 
loss  to  the  country  of  Washington’s  second  term  of 
service  would  have  been  irreparable. 

It  should  be  remembered  that  the  office  of  Presi 
dent  does  not  exist  for  the  benefit  of  the  politicians, 
but  for  the  benefit  of  the  peop’e.  The  Constitution 
should  make  such  provisions  in  respect  to  it,  as  will 
secure  to  the  people  the  most  faithful  execution  of  the 
laws,  not  such  as  will  give  to  political  aspirants  the 


THE  SCIENCE  OF  GOVERNMENT. 


149 


best  opportunities  of  securing  the  exercise  of  execu- 
tive power. 

The  Constitution  makes  provision  for  a Vice-Presi- 
lent,  to  he  chosen  at  the  same  time  and  in  the  samo 
node  as  the  President.  It  was  the  intention  of  the 
framers  of  the  Constitution  to  make  the  office  one  of 
dignity,  to  which  no  one  would  be  chosen  who  was 
not  fully  qualified  to  exercise  the  office  of  President. 
John  Adams  was  chosen  the  first  Vice-President,  and 
Thomas  Jefferson  the  second.  Subsequently  the  office 
began  to  be  regarded  as  an  unimportant  one ; but  the 
accession  of  three  Vice-Presidents  to  the  Presidency? 
in  each  case  for  nearly  the  full  term  of  four  years,  has 
restored  the  importance  of  the  office  in  the  view  of 
the  people.  Experience  has  shown  the  wisdom  ol 
providing  for  the  filling  of  the  office  of  President,  in 
case  of  his  decease  or  removal,  without  having  re- 
course to  a special  election.  Hereafter,  it  is  hoped, 
the  people  will  be  as  careful  in  selecting  their  Vice- 
President  as  their  President. 

Art.  2,  § 1,  2.  “Each  State  shall  appoint,  in  such 
manner  as  the  legislature  thereof  may  direct,  a num- 
ber of  electors  equal  to  the  whole  number  of  senators 
and  representatives  to  which  the  State  may  be  entitled 
in  the  Congress;  but  no  senator  or  representative,  or 
person  holding  an  office  of  profit  or  trust  under  the 
United  States,  shall  be  appointed  an  elector.” 

When  the  Constitution  went  into  operation,  the 


150 


THE  SCIENCE  OF  G0VER2OIENT. 


Presidential  Electors  were  in  some  States  chosen  by 
the  legislatures,  in  others  the  legislatures  directed 
that  they  should  be  chosen  by  the  people.  When 
John  Jay  was  Governor  of  New  York,  the  electors 
were  chosen  by  the  legislature.  By  calling  an  extra 
session  of  the  legislature,  he  could  have  secured  the 
election  to  the  Presidency  of  his  candidate,  and  kept 
his  party  in  power  for  at  least  four  years  longer.  He 
judged  that  it  “ did  not  become  him  to  do  it.”  He 
would  not  use  his  power  as  governor  to  promote  the 
ascendency  of  his  party,  though  it  could  be  legally 
done. 

At  present,  the  electors  in  all  tne  States  are  chosen 
by  the  people.  All  persons  holding  offices  of  profit 
or  trust  under  the  United  States,  are  prohibited  from 
being  electors.  This  provision  was  designed  to  pre- 
vent office-holders  from  exerting  their  official  influence 
m the  electoral  college.  The  design  of  having  electors 
was  to  secure  a better  choice  for  President  than  would 
be  made  by  the  people.  It  was  thought  and  expected 
that  the  electors  would  select  a man  for  President, 
and  that  they  would  be  better  qualified  to  make  a se- 
lection than  the  people  at  large. 

The  practical  working  of  this  provision  of  the 
Constitution  has  been  entirely  different  from  what 
was  expected  by  those  who  made  it.  The  electors 
have  not  been  called  on  to  select  a candidate  but  to 
elect  one  already  selected.  The  people  might  just  aa 


THE  SCIENCE  OF  GOVERNMENT. 


151 


well  vote  directly  for  President  as  to  vote  for  electors 
The  system  of  electors  has  proved  to  be  a useless 
piece  of  constitutional  mechanism. 

Art.  2,  § 1,  3.  “ The  Congress  may  determine  the 
time  of  choosing  the  electors,  and  the  day  on  which 
they  shall  give  their  votes,  which  day  shall  be  the 
same  throughout  the  United  States.” 

If  the  votes  in  different  States  were  given  at  differ- 
ent times,  there  would  be  a greater  opportunity  for 
intrigue  and  corruption  than  if  the  votes  were  given 
on  the  same  day.  Suppose  the  votes  were  given  at 
different  times,  and  that  the  electors  had  voted  in  all 
the  States  except  one,  and  that  on  the  electors  of  that 
State  the  choice  depended : a great  temptation  for  cor- 
ruption would  be  offered.  This  is  in  a great  measure 
avoided  by  having  all  the  votes  given  on  the  same  day. 

“In  pursuance  of  the  authority  given  by  this 
clause,  Congress  in  1792  passed  an  act  declaring  that 
the  electors  shall  be  appointed  in  each  State  within 
thirty-four  days  preceding  the  first  Wednesday  in  De- 
cember in  every  fourth  year,  succeeding  the  last  elec- 
tion of  President,  according  to  the  apportionment  of 
enators  and  representatives  then  existing.  The  elect- 
ors chosen  are  required  to  meet  and  give  their  votes 
on  the  said  first  Wednesday  in  December,  at  such 
place  in  each  State  as  shall  be  directed  by  the  legisla- 
ture thereof  They  are  then  to  make  and  sign  three 
certificates  of  all  the  votes  by  them  given,  and  to  seal 


152  THE  SCIENCE  OF  GOVERNMENT. 

np  the  same,  certifying  on  each  that  a list  of  the  votes 
for  such  State  for  President  and  Vice-President  are 
contained  therein,  and  are  to  appoint  a person  to  take 
charge  of  and  deliver  one  of  the  same  certificates  to 
the  President  of  the  Senate  at  the  seat  of  government, 
before  the  first  Wednesday  of  January  then  next  en- 
suing ; another  of  the  certificates  is  to  be  forwarded 
forthwith  by  the  Post-office  to  the  President  of  the 
Senate  at  the  seat  of  government ; and  the  third  is  to 
be  delivered  to  the  judge  of  the  district  in  which  tho 
electors  assembled.”  * 

Art.  2,  § 1,  4.  “ No  person  except  a natural-born 

citizen,  or  a citizen  of  the  United  States  at  the  time 
of  the  adoption  of  this  Constitution,  shall  be  eligible 
to  the  office  of  President;  neither  shall  any  person  be 
eligible  to  that  office  who  shall  not  have  attained  to 
the  age  of  thirty-five  years,  and  been  fourteen  years  a 
resident  within  the  United  States.” 

That  the  office  of  President  should  not  be  held  by 
a foreigner  was  clear  to  all  the  members  of  the  Fed- 
eral Convention.  The  exception  in  favor  of  those  who 
were  citizens  at  the  time  of  the  adoption  of  the  Consti- 
tution was  a compliment  to  those  patriotic  citizens  of 
foreign  birth  who  had  deserved  well  of  their  adopted 
country.  All  that  class  have  passed  away,  and  none 
are  now  eligible  to  the  office  of  President  or  Vice^ 
President  but  native-born  citizens. 


Story. 


THE  SCIENCE  OF  GOVERNMENT. 


153 


The  qualification  as  to  age  was  designed  to  securo 
maturity  of  character  and  experience. 

A residence  in  the  country  is  required  that  a 
knowledge  of  its  affairs  may  be  had,  and  due  interest 
in  its  welfare  felt.  Both  of  these  might  be  impaired 
by  long  residence  in  a foreign  land.  It  is  also  a neces 
sary  that  the  people  may  have  a full  opportunity  of 
knowing  the  character  and  merits  of  the  candidate. 

A temporary  residence  abroad  in  the  service  of 
the  country  as  an  ambassador  or  public  agent  does 
not  interrupt  one’s  residence  as  a citizen  so  as  to  dis 
qualify  him  for  the  office  of  President. 

Art.  12  of  Amendments.  1.  “ The  electors  shall  meet 
in  their  respective  States,  and  vote  by  ballot  for  Pres- 
ident and  Vice-President,  one  of  whom,  at  least,  shall 
not  be  an  inhabitant  of  the  same  State  with  them- 
selves ; they  shall  name  in  their  ballots  the  person 
voted  for  as  President,  and  in  distinct  ballots  the  per- 
son voted  for  as  Vice-President ; and  they  shall  make 
distinct  lists  of  all  the  persons  voted  for  as  President, 
and  of  all  the  persons  voted  for  as  Vice-President, 
and  of  the  number  of  votes  for  each,  which  lists 
they  shall  sign  and  certify,  and  transmit,  sealed,  to  the 
seat  of  government  of  the  United  States,  directed  to 
the  President  of  the  Senate;  the  President  of  the 
Senate  shall,  in  the  presence  of  the  Senate  and  the 
Houre  of  Representatives,  open  all  the  certificates, 
and  the  votes  shall  then  be  counted ; the  person  hav 
1* 


154 


THE  SCIENCE  OF  GOVERNMENT. 


jig  tlie  greatest  number  of  votes  for  President  shall 
be  the  President,  if  such  number  be  a majority  of 
the  whole  number  of  electors  appointed  ; and  if 
no  person  have  such  majority,  then,  from  the  persons 
having  the  highest  numbers,  not  exceeding  three, 
on  the  list  of  those  voted  for  as  President,  the 
House  of  Representatives  shall  choose  immediately, 
by  ballot,  the  President.  But  in  choosing  the  Pres- 
ident, the  votes  shall  be  taken  by  States,  the  repre- 
sentation from  each  State  having  one  vote ; a quorum 
for  this  purpose  shall  consist  of  a member  or  members 
from  two-thirds  of  the  States,  and  a majority  of  all  the 
States  shall  be  necessary  to  a choice.  And  if  the  House 
of  Representatives  shall  not  choose  a President,  when- 
ever the  right  of  choice  shall  devolve  upon  them,  before 
the  fourth  day  of  March  next  following,  then  the  Vice- 
President  shall  act  as  President,  as  in  case  of  the  death 
or  other  constitutional  disability  of  the  President. 

2.  “ The  person  having  the  greatest  number  of 
votes  as  Vice-President  shall  be  the  Vice-President, 
if  such  number  be  a majority  of  the  whole  number  of 
electors  appointed;  and  if  no  person  have  a majority, 
then,  from  the  two  highest  numbers  on  the  list,  the  Sen- 
ate shall  choose  the  Vice-President ; a quorum  for  the 
purpose  shall  consist  of  two-thirds  of  the  whole  num- 
ber of  senators;  a majority  of  the  whole  number  shall 
be  necessary  to  a choice. 

3.  “ But  no  person  constitutionally  ineligible  to  the 


THE  SCIENCE  OF  GOTEENMENT.  155 

office  of  President,  shall  be  eligible  to  that  of  V’ce* 
President  of  the  United  States.” 

This  was  not  the  mode  of  choosing  the  President 
originally  provided  by  the  Constitution,  but  is  the  re- 
sult of  an  amendment  adopted  in  consequence  of  the 
evils  which  were  found  to  result  from  the  first  mode. 

The  original  provision  was,  that  two  persons  were 
to  be  voted  for  by  the  electors,  one  of  whom,  at  least, 
' not  to  be  an  inhabitant  of  the  same  States  with  them- 
selves. The  one  having  the  highest  number  of  votes, 
if  a majority  of  all  the  votes,  was  to  be  President.  If 
more  than  one  had  a majority,  and  an  equal  number 
of  votes,  the  House  of  Representatives  was  to  choose 
one  of  them  for  President.  When  thus  choosing  a 
President,  the  house  was  to  vote  by  States,  each  State 
having  one  vote,  and  a majority  of  all  the  States  was 
necessary  tc  a choice. 

If  nc  person  had  a majority  of  the  votes  of  the 
electors,  then  from  the  five  highest  on  the  list  the 
house  was  to  choose  a President. 

In  every  case,  after  the  choice  of  a President,  the 
person  having  the  greatest  number  of  votes  of  the 
electors  was  to  be  Vice-President.  If  two  or  more  had 
an  equal  number  of  votes,  the  Senate  to  choose,  by 
ballot,  the  Vice-President. 

At  the  first  presidential  election,  Washington  was 
unanimously  chosen  President,  and  J ohn  Adams  Vice- 
President. 


156 


THE  SCIENCE  OF  GOVERNMENT. 


At  the  second  election,  Washington  received  the 
votes  of  all  the  electors,  and  Adams  a majority. 

At  the  third  election,  Adams  was  elected  President 
and  Jefferson  Vice-President. 

At  the  fourth  election,  Jefferson  and  Burr  received 
a majority  of  the  votes  of  all  the  electors  and  an  equal 
number  of  votes.  The  choice  devolved  upon  the 
House  of  Representatives.  After  a great  many  ballot- 
ings,  resulting  in  a tie,  Jefferson  was  at  length  chosen 
in  consequence  of  some  of  his  opponents  casting  blank 
votes.  Burr  became  Vice-President. 

The  Constitution  was  then  amended  by  the  adop- 
tion of  the  mode  of  choice  given  above. 

Since  then,  the  choice  has  once  devolved  on  the 
House  of  Representatives,  and  resulted  in  the  choice 
of  John  Quincy  Adams.  General  Jackson  was  one  of 
the  candidates,  and  received  the  highest  number  of 
the  votes  of  the  electors.  Adams  was  one  of  the  three 
having  the  highest  number  of  votes,  and  hence  was 
eligible  for  election  by  the  House. 

'"“Art.  2,  § 1,  5.  “ In  case  of  the  removal  of  the  Presi- 
dent from  office,  or  of  his  death,  resignation,  or  in- 
ability to  discharge  the  powers  and  duties  of  said 
office,  the  same  shall  devolve  on  the  Vice-President, 
and  the  Congress  may  by  law  provide  for  the  case  of 
removal,  death,  resignation,  or  inability,  both  of  the 
President  and  Vioe-President,  declaring  what  officer 
shall  then  act  as  President,  and  such  officer  shall  aci 


THE  SCIENCE  OF  GOVERNMENT. 


157 


accordingly  until  the  disability  be  removed  or  a Presi- 
dent be  elected.” 

The  wisdom  of  this  provision  is  seen  in  the  fact 
that  on  three  occasions,  the  President  has  died  in 
office,  and  his  constitutional  successor  has  taken  his 
place  without  the  slightest  interruption  of  the  affairs 
of  government.  By  the  death  of  President  Wm.  H. 
Harrison,  John  Tyler  became  President ; by  the  death 
of  President  Taylor,  Millard  Fillmore ; and  by  the 
death  of  President  Lincoln,  Andrew  Johnson. 

Congress  has  directed  that  in  case  of  the  disability 
both  of  the  President  and  Vice-President,  the  president 
of  the  Senate  pro  tempore , and  in  case  there  is  no 
president,  then  the  Speaker  of  the  House  of  Represent- 
atives, shall  act  as  President. 

Art.  2,  § 1,  6.  “ The  President  shall,  at  stated  times, 
receive  for  his  services  a compensation,  which  shall 
neither  be  increased  nor  diminished  during  the  period 
for  which  he  shall  have  been  elected,  and  he  shall  not 
receive  within  that  period  any  other  emolument  from 
the  United  States,  or  any  of  them.” 

This  provision  renders  the  President  independent 
of  Congress.  If  his  salary  could  be  increased,  he 
might  be  tempted  to  conform  to  the  wishes  of  the 
house  to  gain  an  increase  of  income.  If  his  salary 
could  be  diminished,  the  house  migh>  use  that  p^wei 
to  make  him  subservient. 


158 


THE  SCIENCE  OF  GOVERNMENT. 


The  salary  of  the  President  remains  as  fixed  by  tho 
first  Congress,  at  $25,000  a year. 

Art.  2,  § 1,  7,  8.  “Before  he  enter  on  the  execu- 
tion of  his  office,  he  shall  take  the  following  oath  or 
affirmation:  “I  do  solemnly  swear  (or  affirm)  that  I 
will  faithfully  execute  the  office  of  President  of  the 
United  States,  and  will,  to  the  best  of  my  ability, 
preserve,  protect,  and  defend  the  Constitution  of  the 
United  States.” 


CHAPTER  XV. 


THE  EXECUTIVE  (CONTINUED). 

Abt.  2,  § 2, 1.  “ The  President  shall  bf  Commander- 
in  Chief  of  the  Army  and  Navy  of  the  United  States, 
and  of  the  militia  of  the  several  States  when  called  into 
the  actual  service  of  the  United  States ; he  may  require 
the  opinion,  in  writing,  of  the  principal  officer  in  each 
of  the  executive  departments,  upon  any  subject 
relating  to  the  duties  of  their  respective  offices,  and  he 
shall  have  power  to  grant  reprieves  and  pardons  for 
offences  against  the  United  States,  except  in  cases  of 
impeachment.” 

The  military  power  is  that  by  which  the  laws,  if 
need  be,  are  to  be  executed,  and  peace  maintained  and 
invasion  resisted.  It  should  therefore  be  under  the 
control  of  the  executive.  This  power  does  not  make 
the  President  a military  despot.  He  is  bound  to  exer- 
cise it  in  accordance  with  the  Constitution  and  laws. 
Failing  to  do  so,  he  is  liable  to  impeachment  and  dis- 
missal from  office. 

The  heads  of  departments  are  the  constitutional 


160 


THE  SCIENCE  OF  GOVERNMENT. 


advisers  of  the  President.  Their  advice  will  be  given 
under  a deeper  sense  of  responsibility,  if  it  be  in 
writing,  and  liable  to  be  published.  On  all  important 
occasions,  Washington  required  the  written  advice  ot 
the  heads  of  departments. 

The  pardoning  power  is  a consequence  of  the  im 
perfection  of  law  and  human  nature.  A man  may  bo 
convicted  of  a crime  on  false  testimony.  The  falsehood 
may  be  discovered,  but  the  court  cannot  reverse  its  de- 
cision. The  pardoning  power  here  comes  in,  and  re- 
pairs, as  far  as  may  be,  the  injustice  of  the  law,  oi 
rather  of  the  judicial  decision.  The  pardoning  power 
was  not  given  to  the  executive  that  he  might  have 
scope  for  exercising  his  tenderness  of  heart.  It  was 
given  to  further  the  ends  of  justice. 

The  exception  to  the  President’s  power  of  pardon 
relates  to  cases  of  impeachment.  If  the  President 
could  pardon  those  convicted  on  impeachment,  he 
could  make  his  favorites  safe,  whatever  political  of- 
fences they  might  commit. 

There  is  also  an  implied  limitation  to  the  pardon 
ing  power,  in  case  of  punishment,  by  each  branch  of 
the  legislature,  for  contempt  of  the  House  and  viola- 
tion of  its  rules.  If  the  President  could  set  at  liberty 
one  imprisoned  for  contempt  of  Congress,  they  would 
be  wholly  dependent  on  his  good  will  for  the  exercise 
of  their  powers. 

Art.  2,  § 2,  2.  “ He  shall  have  p*>wer,  by  and  with 


THE  SCIENCE  OF  GOVERNMENT.  ltf* 

the  advice  and  consent  of  the  Senate,  to  make  treaties, 
provided  two-thirds  of  the  senators  present  concur; 
and  he  shall  nominate,  and  by  and  with  the  advice  and 
consent  of  the  Senate,  shall  appoint  ambassadors,  and 
other  public  ministers,  and  consuls,  judges  of  the  su 
preme  court,  and  all  other  officers  of  the  United 
States,  whose  appointments  are  not  herein  otherwise 
provided  for,  and  which  shall  be  established  by  law; 
but  Congress  may  by  law  vest  the  appointment  of 
such  inferior  officers,  as  they  think  proper,  in  the  Pres- 
ident alone,  in  the  courts  of  law,  or  in  the  heads  of 
departments.” 

The  power  of  making  treaties  is  a most  important 
power.  On  its  exercise  depends  in  a great  measure 
the  relation  of  the  country  to  foreign  powers.  The 
treaties  made  by  the  President,  and  approved  by  the 
Senate,  become  the  supreme  law  of  the  land.  Still 
this  does  not  give  the  President  and  Senate  power  to 
override  the  Constitution.  A power  given  by  the 
Constitution  must  be  exercised  in  conformity  to  it. 

The  powder  to  declare  war,  we  have  seen,  is  vested 
in  Congress.  The  power  to  make  peace  comes  under 
the  treaty-making  power,  and  hence  belongs  to  the 
President  and  Senate. 

Tli€  power  to  make  treaties  is  wisely  lodged  with 
the  President  and  Senate.  The  President,  having  a 
constant  eye  upon  foreign  affairs,  can  more  promptly 
meet  the  demands  of  emergencies,  than  a legislative 


162 


THE  SCIENCE  OF  GOVERNMENT. 


body.  Secrecy  is  also  supposed  oftentimes  to  be  ne- 
cessary in  managing  affairs  with  foreign  nations,  and 
secrecy  is  impossible  in  a legislative  body.  Negotia- 
tions can  be  conducted  by  the  President  or  Secretary 
of  State,  without  communicating  with  the  public  or 
any  department  till  they  are  finished ; when  they  are 
laid  before  the  Senate.  When  it  has  been  approved 
by  the  Senate  and  signed  by  the  President,  it  goes 
into  operation  according  to  the  terms  therein  con- 
tained. 

The  Senate  is  more  suitable  than  a larger  and  more 
popular  body  to  consider  the  great  questions  relating 
to  the  intercourse  of  nations.  The  assent  of  two-thirds 
of  the  Senate  must  be  given  in  order  to  render  a treaty 
binding.  No  hasty  or  unwise  measure  would  be 
likely  to  receive  the  solemn  assent  of  two-thirds  of  a 
body  of  men  of  such  talents,  experience,  and  integ- 
rity as  are  supposed  to  constitute  the  Senate. 

The  Constitution  does  not  state  expressly  whethei 
the  Senate  shall  be  consulted  in  the  formation  of  trea- 
ties, or  simply  when  the  treaty  has  been  formed. 
Washington  thought  that  the  executive  might  re- 
quire the  Senate  to  advise  before  as  well  as  after  the 
formation  of  a treaty.  “ Since  that  period,  the  Senate 
have  been  .rarely  if  ever  consulted,  until  after  a treaty 
nas  been  completed,  and  laid  before  them  for  ratifica- 
tion, When  so  laid  before  the  Senate,  that  body  is  in 
the  habit  of  deliberating  upon  it,  as  indeed  it  does 


THE  SCIENCE  OF  GOVERNMENT. 


163 


upon  all  executive  business,  in  secret,  and  with  closed 
doors.  The  Senate  may  wholly  reject  the  treaty,  or 
advise  and  consent  to  a ratification  of  part  of  the  ar- 
ticles, rejecting  others,  or  recommend  additional  or 
explanatory  articles.  In  the  event  of  a partial  ratifi- 
cation, the  treaty  does  not  become  the  law  of  the  land 
until  the  President  and  the  foreign  sovereign  have 
each  assented  to  the  modifications  proposed  by  the 
Senate.” 

The  President  is  not  bound  to  ratify  a treaty  when 
approved  by  the  Senate.  He  may  still  constitution- 
ally decline  to  ratify  it. 

Suppose  the  President  and  Senate  make  a treaty, 
the  execution  of  which  requires  a sum  of  money  drawn 
from  the  national  treasury.  Xo  money  can  be  drawn 
from  the  treasury  except  by  direction  of  Congress, 
that  is,  the  Senate  and  House  of  Representatives. 
Are  the  representatives  bound  to  vote  for  the  appro- 
priation required  by  the  treaty,  or  may  they  examine 
the  treaty  and  withhold  the  appropriation  if  they  do 
not  approve  it  ? 

It  was  claimed  during  the  second  administration 
of  Washington,  that  the  house  had  a right  to  with 
hold  the  appropriation  if  it  deemed  the  treaty  unwise. 
An  earnest  debate  took  place  in  the  house  on  this  sub 
ject,  when  the  executive  called  on  Congress  to  fur- 
nish the  funds  needed  to  carry  into  effect  the  treaty 
made  with  Great  Britain  by  John  Jay  in  1794  Wash* 


164 


THE  SCIENCE  OE  GOVERNMENT. 


ington  held  that  the  Constitution  had  givea  to  the 
President  and  Senate  the  power  to  make  treaties,  and 
accordingly  he  declined  to  lay  before  the  house  docu 
ments  relating  to  the  treaty,  which  they  requested. 

If  it  were  optional  with  the  house  to  grant  or  re- 
fuse the  appropriations  required  by  a treaty,  then 
the  President  and  Senate  do  not  possess  power  to 
make  treaties : but  the  Constitution  gives  them  this 
power. 

By  the  Constitution  of  Great  Britain,  the  king  pos- 
sesses power  to  declare  war  and  make  peace.  But  as 
we  have  seen,  he  cannot  carry  on  war  unless  the  House 
of  Commons  are  ready  to  furnish  the  means.  He  may 
be  compelled  to  make  peace  whenever  the  house  de- 
sires it.  They  have  nothing  to  do  but  to  withhold 
supplies,  and  the  war  must  cease. 

The  power  of  appointing  to  office  is  vested  in  the 
President,  by  and  with  the  advice  and  consent  of  the 
Senate.  In  Great  Britain,  the  ministers,  judges,  and 
all  high  officers  are  appointed  by  the  king,  that  is  by 
the  ministers  acting  in  his  name. 

By  the  provision  of  the  Constitution  requiring  the 
consent  >f  the  Senate,  a restraint  is  placed  upon  the 
execut*  e,  but  not  a restraint  that  will  be  likely  to 
inter/  re  with  the  efficient  exercise  of  his  powers. 
The  Senate  may  prevent  the  appointment  of  incompe- 
ter  t or  corrupt  favorites  of  the  President.  They 
1 uld  rarely  refuse  to  confirm  a man  of  undoubted 


THE  SCIENCE  OF  GOVERNMENT. 


165 


ability,  integrity  and  fitness  for  the  office  to  which  ho 
may  be  nominated. 

The  power  to  appoint  ambassadors  implies  power 
to  appoint  diplomatic  officers  of  lower  rank.  An  am- 
bassador is  a diplomatic  officer  of  the  highest  rant 
Next  in  order  come  envoys  and  ministers  plenipoten- 
tiary ; then  ministers  resident;  and  lastly  charges 
d’affaires.  There  is,  however,  no  essential  difference 
between  ambassadors  and  ministers  plenipotentiary. 

Consuls  are  not  regarded  as  diplomatic  officers. 
They  are  “ commercial  agents  of  the  Government,  ap- 
pointed and  resident  in  a foreign  country,  to  attend 
to  the  commercial  rights  and  privileges  of  his  own 
country,  and  its  citizens  in  such  foreign  country.” 

The  Constitution  is  silent  as  to  the  power  of  re- 
moval from  office.  It  would  be  natural  to  conclude 
that  the  power  ffiat  appoints  to  office  should  have  the 
power  to  remove.  But  in  Washington’s  administra- 
tion, a majority  of  Congress  were  of  opinion  that  the 
power  of  removal  from  office  rested  with  the  Presi- 
dent alone.  At  the  same  time,  it  was  thought  that 
the  President  would  be  liable  to  impeachment  if  he 
were  to  remove  an  officer  without  due  cause.  To 
make  room  for  n political  partisan,  would  not  have 
been  deemed  good  cause  for  removal  in  the  days  of 
Washington.  Removal  from  office  on  account  of  dif 
Terence  in  political  opinions  was  unknown  in  the  carlj 
days  of  the  republic. 


166 


THE  SCIENCE  OF  GOVERNMENT. 


Art.  2,  § 2,  3.  “ The  President  shall  have  power  to 
fil1  up  all  vacancies  that  may  happen  during  the  recess 
of  the  Senate,  by  granting  commissions  which  shall 
expire  at  the  end  of  their  next  session.” 

This  power  is  necessary  to  the  conduct  of  public 
affairs.  It  is  not,  perhaps,  sufficiently  well  guarded. 
The  President  may,  to  all  intents  and  purposes,  keep  a 
man  in  office  contrary  to  the  advice  and  consent  of  the 
Senate.  Suppose  he  removes  the  Secretary  of  State 
and  appoints  another  in  the  recess  of  the  Senate.  In 
December,  Congress  assembles ; but  the  President 
need  not  lay  the  appointment  of  the  Secretary  of  State 
before  the  Senate  until  just  as  the  session  is  about  to 
expire.  The  Secretary’s  commission  is  good  till  the 
end  of  the  session.  Suppose  that  at  the  end  of  the 
session  his  name  is  sent  to  the  Senate  and  is  rejected. 
His  commission  is  at  an  end,  but  the  President  may 
decline  to  fill  the  vacancy,  and  may  reappoint  him  the 
day  after  the  session  has  closed.  His  commission  is 
then  good  till  the  expiration  of  the  next  session  of  the 
Senate.  This  abuse  of  this  constitutional  provision  is 
not  likely  to  occur. 

Art.  2,  § 3.  “ He  shall,  from  time  to  time,  give  to 
the  Congress  information  of  the  state  of  the  Union, 
and  recommend  to  their  consideration  such  measures 
as  he  shall  judge  necessary  and  expedient;  he  may  on 
extraordinary  occasions  convene  both  houses,  or  eit  her 
of  them,  and  in  case  of  disagreement  between  them 


THE  SCIENCE  OF  GOVERNMENT. 


167 


with  respect  to  the  time  of  adjournment, ’he  maj 
adjourn  them  to  such  time  as  he  shall  think  proper; 
he  shall  receive  ambassadors  and  other  public  minis- 
ters ; he  shall  take  care  that  the  laws  be  faithfully 
executed,  and  shall  commission  all  the  officers  of  the 
United  States.” 

It  is  customary  for  the  President  to  send  a message 
to  Congress  at  the  opening  of  each  session,  in  which 
he  recommends  such  measures  and  makes  such  sugges- 
tions as  he  may  see  fit.  The  British  Parliament  is 
opened  by  a speech  from  the  throne.  Washington 
addressed  Congress  at  the  opening  of  the  session  in 
a speech,  Adams  followed  his  example.  Jefferson 
adopted  the  practice  of  sending  a message,  and  his 
example  has  been  followed  by  all  his  successors. 

It  is  necessary  that  the  President  should  have  the 
power  of  calling  special  sessions  of  Congress.  Events, 
like  the  firing  upon  Fort  Sumter,  may  occur  in  the 
recess  of  Congress,  which  may  require  immediate 
legislative  action. 

In  monarchical  governments,  ambassadors  and  other 
ministers  above  the  charge  d’affaires,  are  received  by 
the  sovereign.  The  President  receives  ambassadors 
and  all  other  ministers  sent  to  the  United  States.  This 
is  not  a mere  form.  Grave  consequences  may  be  con 
nected  with  the  exercise  of  this  power.  To  receive  an 
ambassador  is  to  recognize  the  country  from  which 
ne  comes  as  belonging  to  the  commonwealth  of 


168 


THE  SCIENCE  OE  GOVERNMENT 


nations.'  Suppose  Ireland  were  to  rebel  against  ilio 
British  government  and  establish  a separate  govern- 
ment, and  send  an  ambassador  to  the  United  States. 
If  he  receives  him,  it  is  tantamount  to  recognizing 
Ireland  as  an  independent  nation.  If  the  President 
makes  such  a recognition,  the  Constitution  has  no- 
where said  that  Congress  may  repudiate  said  re- 
cognition. 

The  President  may  refuse  to  receive  an  ambassador 
or  public  minister.  Should  he  do  so,  his  conduct 
would  be  likely  to  give  offence  to  the  nation  whence 
the  minister  came,  but  it  would  not  afford  any  just 
cause  of  war.  According  to  the  law  of  nations,  one 
nation  may  lawfully  refuse  to  receive  the  ambassador 
of  another  nation. 

Art.  2,  § 4.  “ The  President,  Vice-President,  and 
all  civil  officers  of  the  United  States,  shall  be  removed 
from  office  on  impeachment  for,  and  conviction  of  trea- 
son, bribery,  or  other  high  crimes  and  misdemeanors.” 

“ All  officers  of  the  United  States  who  hold  their 
appointments  under  the  National  Government,  wheth- 
er their  duties  are  executive  or  judicial  in  the 
highest  or  in  the  lowest  department  of  the  govern- 
ment, with  the  exception  of  officers  in  the  army  and 
navy,  are  properly  civil  officers  within  the  meaning  of 
the  Constitution,  and  liable  to  impeachment.” 

By  the  Constitution,  impeachment  is  confined  to 
officers  of  the  government.  In  England  all  the  king’s 


THE  SCIENCE  OF  GOVERNMENT. 


109 


subjects  maybe  impeached  by  the  House  of  Commons, 
and  tried  by  the  House  of  Lords,  and  punished,  if 
declared  guilty. 

The  executive  power  of  the  English  Government  is 
rested  in  the  king,  who  at  his  coronation  is  sworn  to 
govern  the  realm  “ according  to  the  statutes  in  par- 
liament agreed  on,  and  the  laws  and  customs  of  the 
same.” 

The  king  appoints  his  ministers,  who  perform  all 
executive  acts  in  his  name,  and  are  responsible  to  the 
nation.  It  is  a maxim  of  the  English  Constitution 
that  “the  king  can  do  no  wrong,”  but  if  his  ministers 
do  wrong,  they  cannot  plead  the  king’s  commands  in 
justification. 

The  ministers  are  termed  the  administration.  The 
character  of  the  administration  depends  upon  the 
character  of  the  majority  of  the  House  of  Commons. 
If  a majority  of  the  House  are  whigs,  the  administra- 
tion will  be  a whig  administration — that  is,  the  king 
will  send  for  a leading  whig  statesman  and  tell  him 
to  form  an  administration.  He  selects  such  men  for 
his  associates  as  he  thinks  best,  and  they  are  appointed 
by  the  king.  The  person  who  forms  the  administra- 
tion is  called  the  Prime  Minister,  and  selects  his  office, 
commonly  that  of  the  first  Lord  of  the  Treasury. 

The  cabinet  or  cabinet  council  consists  of  such  of  the 
prominent  ministers  as  are  more  immediately  in  the 
confidence  of  the  king,  who  are  summoned  to  consult 
8 


170  THE  SCIENCE  OF  GOVERNMENT. 

upon  executive  matters.  All  the  members  of  the  minis 
try  do  not  belong  to  the  cabinet. 

M 

It*  while  a whig  ministry  are  in  power,  the  politi* 
cal  character  of  the  House  of  Commons  should  change 
and  a majority  become  tories,  one  of  two  things 
would  take  place.  The  ministers  would  resign  and  a 
tory  administration  would  be  formed,  or  parliament 
would  be  dissolved  and  a new  election  held.  If  in 
the  new  parliament  the  majority  were  whigs,  the 
ministers  would  remain  in  office:  if  not,  they  would 
resign.  Thus  while  the  ministers  are  said  to  hold 
office  at  the  will  of  the  king,  they  really  hold  office  at 
the  will  of  the  majority  in  the  House  of  Commons. 
Changes  in  the  administration  in  England  are,  con- 
sequently, more  frequent  than  in  the  United  States. 

When  the  English  ministers  go  out  of  office,  they 
are  entitled  to  pensions  for  life.  The  retiring  pension 
of  the  Lord  Chancellor  is  $25,000  a year. 

The  king  is  commander-in-chief  of  the  army  and 
navy,  appoints  all  military  and  naval  officers,  can  raise 
and  regulate  armies  and  fleets,  proSuded  parliament 
furnish  him  writh  the  means.  He  has  the  sole  power 
of  erecting  courts  of  judicature,  and  of  appointing 
judges,  who  hold  office  during  good  behavior. 

The  Privy  Council  consists  of  such  persons  as  the 
king  sees  fit  to  appoint.  Its  dissolution  takes  place 
six  months  after  the  death  of  the  long,  unless  other- 
wise determined  by  his  successor. 


THE  SCIENCE  OF  GOVERNMENT.  171 

The  privy  council  have  power  to  decide  questions 
relating  to  colonial  charters  and  rights.  The  appeals 
of  the  American  colonies  before  the  Revolution  were 
to  the  king  in  council — meaning  the  privy  council. 

Orders  in  council  are  orders  issued  by  the  king 
with  and  by  the  advice  of  the  privy  council  Thes 
orders  usually  relate  to  matters  connected  with 


ocmmeice. 


CHAPTER  XVI 


THS  JUDICIAL  DEPARTMENT. 

The  office  of  the  judiciary  department  is  to  inter 
pret  and  apply  the  laws.  Security  of  person  and 
property  depend  more  more  upon  the  stability  and  in- 
tegrity of  the  judiciary  than  upon  any  other  depart- 
ment of  the  government.  Where  there  is  no  security 
of  property,  where  justice  is  not  administered  between 
man  and  man,  the  fundamental  condition  of  national 
prosperity  is  wanting. 

The  framers  of  the  Constitution  were  duly  im- 
pressed with  the  importance  of  an  able  and  independ- 
ent national  judiciary. 

Art.  3,  § 1.  “The  judicial  power  of  the  United 
States  shall  be  vested  in  one  Supreme  Court,  and  in 
such  inferior  courts  as  the  Congress  may  from  time  to 
time  ordain  and  establish.  The  judges  both  of  the 
Supreme  and  inferior  courts  shall  hold  their  offices 
luring  good  behavior,  and  shall  at  stated  times  re- 
i/3ive  for  their  services  a compensation  which  shall  not 
be  diminished  during  their  continuance  in  office.” 


THE  SCIENCE  OF  GOVERNMENT. 


173 


The  national  courts  were  organized  by  act  of  Con- 
gress, Sept.  24, 1789.  The  act  was  drawn  up  by  Oliver 
Ellsworth,  afterwards  Chief  Justice  of  the  United 
States,  Such  changes  and  modifications  were  made 
froir  time  to  time  as  the  increase  in  population  and  ter- 
ritory required.  The  last  act  of  Congress  respecting 
the  organization  of  the  courts  was  passed  in  1862. 

There  are  three  national  courts,  viz.,  the  Supreme 
Court,  the  Circuit  Courts,  and  the  District  Courts. 

The  Supreme  Court  consists  of  a chief- justice  and 
nine  justices,  any  five  of  whom  constitute  a quorum. 
It  holds  one  term  annually,  commencing  on  the  first 
Monday  in  December,  at  Washington.  Except  in  a 
few  cases  which  will  be  mentioned  hereafter,  it  is  oc- 
cupied in  hearing  and  deciding  cases  on  appeal  from 
other  courts.  As  this  is  the  highest  judicial  tribunal 
known  to  the  Constitution,  there  is  no  appeal  from  its 
decisions. 

The  United  States  are  divided  into  ten  judicial 
circuits,  and  also  into  districts.  The  judges  of  the 
Supreme  Court  are  the  circuit  judges ; and  those  of 
the  district  courts  are  the  district  judges. 

The  Circuit  Courts  are  courts  held  by  a circuit 
judge,  that  is,  by  one  of  the  judges  of  the  Supreme 
Court,  assisted  by  a district  judge.  In  each  of  the 
ten  circuits  into  which  the  United  States  are  divided, 
except  in  some  of  the  extreme  Southwestern  States, 
two  circuit  courts  are  held  annually. 


1 74 


THE  SCIENCE  OF  GOVEKNMENT. 


The  first  circuit  includes  Maine,  New  Ilampshira 
Massachusetts,  and  Rhode  Island. 

The  second,  New  York,  Vermont,  and  Connecticut. 

The  third,  New  Jersey  and  Pennsylvania. 

The  fourth,  Delaware,  Virginia,  Maryland,  and 
North  Carolina. 

The  fifth,  South  Carolina,  Georgia,  Florida,  Ala- 
bama. and  Mississippi. 

The  sixth,  Louisiana,  Texas,  Arkansas,  Kentucky, 
and  Tennessee. 

The  seventh,  Ohio  and  Michigan. 

The  eighth,  Indiana,  Illinois,  and  Wisconsin. 

The  ninth,  Minnesota,  Iowa,  Missouri,  and  Kansas. 

The  tenth,  California  and  Oregon. 

There  is  also  a Supreme  Court  in  the  District  of 
Columbia,  with  a chief  justice  and  three  judg^. 

The  District  Courts  are  those  held  by  the  district 
judges.  In  most  of  the  districts,  the  judge  holds  an- 
nually four  stated  terms,  and  some  special  terms. 

The  other  officers  of  the  national  courts  besides  the 
judges,  are,  the  Attorney-General,  the  District-Attor- 
neys, the  Marshals,  and  the  Clerks. 

The  Attorney-General  is  appointed  by  the  Pres- 
dent,  with  the  advice  and  consent  of  the  Senate,  and 
s a member  of  the  cabinet.  It  is  his  duty  to  prosecute 
tnd  conduct  all  suits  in  the  Supreme  Court  in  which 
the  United  States  are  concerned,  and  tc  g>e  hu'  ad- 
vice and  opinion  upon  questions  of  law  whc  > required 


THE  SCIENCE  OF  GOVERNMENT. 


175 


by  the  President,  or  the  heads  of  the  depart- 
ments. 

Each  judicial  district  has  a district  attorney.  The 
district  attorneys  prosecute  and  conduct  all  suits  in 
the  circuit  and  district  courts  in  which  the  United 
States  are  concerned.  They  often  receive  instruction 
from  the  attorney-general. 

Each  judicial  district  has  also  a Marshal.  His  du- 
ties are  similar  to  those  of  a sheritf.  He  is  to  the 
United  States  courts  what  the  sheriff  is  to  the  superior 
State  courts. 

“ A Sheriff  is  the  officer  to  whom  all  the  precepts 
of  the  superior  courts  of  the  several  States  is  always 
directed  for  execution.  In  the  commencement  of  civil 
causes  he  serves  the  writ,  and  in  cases  requiring  it 
arrests  and  takes  bail.  When  a cause  comes  to  trial, 
he  summons  and  returns  the  jury;  and  when  it  is  de- 
termined, he  sees  the  judgment  of  the  court  carried 
into  execution.  In  criminal  matters  he  also  arrests 
and  imprisons;  he  returns  the  jury;  he  has  the  custody 
of  the  delinquent,  and  he  executes  the  sentence  of  the 
court  though  it  extend  to  death  itself.”  * 

The  Clerks  are  appointed  by  the  judges,  the  ap- 
pointment being  thus  vested  by  a law  of  Congress. 
The  Supreme  Court,  and  each  of  the  district  courts, 
ha»  its  cleik.  The  clerk  has  the  custody  of  the  seal 
und  records  of  the  court,  signs  and  seals  all  processes 


* Burrill. 


176 


THE  SCIENCE  OF  GOVERNMENT. 


and  records  of  the  proceedings  and  judgment*  of  th« 
courts.  Pie  receives  the  moneys  paid  into  the  court, 
and  at  every  regular  session  exhibits  an  account  of  all 
the  moneys  remaining  in  court.  The  clerk  of  the 
district  court  is,  ex  officio , clerk  of  the  circuit  court  in 
that  district. 

The  judges  of  the  United  States  courts  are  ap- 
pointed by  the  President,  with  the  consent  of  the  Sen- 
ate, and  hold  office  during  good  behavior.  In  regard 
to  the  mode  of  appointment  and  the  tenure  of  office, 
there  was  but  one  opinion  among  the  framers  of  the 
Constitution. 

It  is  asked,  Why  should  not  the  judges,  as  well  as 
the  members  of  the  legislature,  be  elected  by  the  peo- 
ple ? The  reply  is,  such  a course  should  be  pursued 
as  will  result  in  securing  the  most  competent  and  up- 
right judges.  Our  fathers  thought  that  the  President 
and  Senate  would  be  better  qualified  than  the  mass 
of  the  people  to  select  men  for  judges* 

It  is  desirable  that  the  judges  be  independent,  so 
that  they  may  not  be  in  danger  of  being  biassed  by 
their  interest  in  the  exercise  of  their  official  power. 
To  secure  this  end,  the  tenure  of  office  is  not  made  to 
depend  upon  the  will  of  any  men  in  office,  nor  upon 
the  will  of  the  people,  but  upon  the  good  behavior  of 
the  judge.  If  he  is  faithful  to  his  trust,  no  earthly 
power  can  remove  him.  If  he  is  unfaithful,  he  may 


THE  SCIENCE  OF  GOVERNMENT.  17? 

be  impeached  by  the  House  of  Representatives,  and 
convicted  and  removed  from  office  by  the  Senate. 

In  monarchical  governments,  if  the  judge  holds 
office  at  the  will  of  the  monarch,  he  must,  when  called 
to  give  a decision  in  which  the  monarch  has  an  inter- 
est, decide  so  as  to  please  him,  or  he  may  be  turned 
out  of  office.  The  judges  of  England  formerly  held 
office  at  the  will  of  the  king.  They  were  compelled 
to  be  subservient  to  the  court,  or  lose  their  places. 
England  owes  much  to  those  judges  who,  under  such 
circumstances,  decided  according  to  law  and  justice, 
and  preferred  to  lose  the  emoluments  of  office  to  de- 
ciding contrary  to  the  right. 

If  the  judges  are  elected  by  the  people  for  a lim- 
ited time,  they  must  please  the  dominant  party,  if 
they  would  secure  a reelection.  They  may  thus  be  as 
subservient  to  a party  as  the  judges  of  England,  in 
former  days,  were  to  the  court. 

It  is  objected  that  the  tenure  of  office  during  good 
behavior  has  a tendency  to  make  men  arbitrary  and 
haughty.  If  the  judges  make  arbitrary  decisions, 
they  are  liable  to  impeachment.  Haughtiness  of  man- 
ner may  not  be  pleasant,  but  a judge  of  haughty  man- 
ners who  decides  right,  is  better  than  a judge  of  pleas- 
ant manners  who  decides  wrong. 

The  compensation  of  the  judges  is  fixed  by  Con- 
gress. If  it  could  be  diminished  during  their  continu- 
ance in  office,  they  would  not  be  independent  of  th# 
8* 


1T8 


THE  SCIENCE  OF  GOVERNMENT. 


legislative  department.  Congress  might  starve  them 
into  subserviency. 

Art.  3,  § 2,  1.  “ The  judicial  power  shall  extend 
to  all  cases,  in  law  and  equity,  arising  under  this  Con- 
stitution, the  laws  of  the  United  States,  and  treaties 
made,  or  which  shall  be  made  under  their  authority; 
to  all  cases  affecting  ambassadors,  other  public  minis- 
ters and  consuls;  to  all  cases  of  admiralty  and  mari- 
time jurisdiction  ; to  controversies  to  which  the  United 
States  shall  be  a party ; to  controversies  between 
two  or  more  States,  between  a State  and  citizens  of 
another  State,  between  citizens  of  different  States, 
between  citizens  of  the  same  State  claiming  lands 
under  grants  of  different  States,  and  between  a State 
or  the  citizens  thereof,  and  foreign  States,  citizens,  or 
subjects.” 

The  judicial  power  extends  to  all  cases  in  law  and 
equity  arising  under  the  Constitution,  laws,  and  trea- 
ties of  the  United  States.  A case  arises,  when  a suit 
is  brought  by  some  party  in  regular  form,  the  decis- 
ion of  which  involves  the  interpretation  of  some  pro- 
vision of  the  Constitution,  or  of  some  law,  or  of  some 
treaty. 

Suppose  a State  should  pass  an  act  making  bank 
notes  a legal  tender.  A creditor  refuses  to  receive 
them,  and  brings  a suit  to  recover  his  debt.  The 
debtor  claims  that  he  has  made  a legal  tender  of  bank 
notes.  If  the  case  should  be  decided  against  the  crcd 


THE  SCIENCE  OF  GOVERNMENT. 


179 


itor,  he  trcnld  appeal  to  the  United  Stilted  court,  and 
the  court  weald  pronounce  the  State  lew  making 
bank  notes  a legal  tender  null  end  void.  That  would 
furnish  an  example  of  a case  arising  under  the  Consti- 
tution. 

Again,  suppose  a merchant  seeks  to  evade  the  law 
of  Congress  relating  to  revenue.  His  goods  are 
seized  and  confiscated  according  to  law.  That 
would  furnish  an  example  of  a case  arising  under 
the  laws. 

Again,  suppose  a treaty  existed  between  Great 
Britain  and  the  United  States,  in  which  the  latter 
engaged  to  prohibit  the  exportation  of  arms  to  Ireland 
A citizen  of  New  York  is  detected  shipping  arms  to 
Ireland.  He  is  arrested  and  tried  by  the  Unitea 
States  court  aud  punished.  This  would  be  a case 
arising  under  a treaty. 

The  Supreme  Court  has  jurisdiction  in  equity  as 
well  as  law'.  By  equity  is  meant  a system  of  juris- 
prudence, the  object  of  which  is  to  secure  justice  when 
it  cannot  be  reached  by  the  courts  of  lawr.  Those 
courts  are  bound  to  adhere  to  the  law  in  their  decis- 
ions, though  the  decisions  should  be  manifestly  unjust. 
Equity  jurisprudence  “is  an  elaborate  system  of  rules 
and  processes,  administered  in  many  cases  by  distinc 
tribunals  (termed  courts  of  chancery)  and  with  exclu 
Bive  jurisdiction  over  certain  subjects,  such  as  trusts, 
infants,  and  the  specific  performance  of  contracts.' 


180 


THE  SCIENCE  OF  GOVERNMENT. 


In  England,  and  in  many  of  the  States,  the  courts  of 
equity  are  entirely  distinct  from  the  courts  of  law. 
The  Constitution  does  not  provide  for  distinct  equity 
courts,  but  confers  equity  powers  on  the  judges  of  the 
national  courts. 

The  next  clause  extends  the  judicial  power  “to  all 
cases  affecting  ambassadors,  other  public  ministers 
and  consuls.”  By  the  law  of  nations,  ambassadors 
are  not  subject  to  the  laws  of  the  country  in  which 
they  reside.  They  are  subject  only  to  the  laws  of 
their  own  country.  This  is  necessary  to  their  in- 
dependence. Their  rights,  powers,  and  duties  are 
determined  by  the  law  of  nations,  to  which  all  coun- 
tries are  alike  subject.  If  any  judicial  question  affect- 
ing an  ambassador  or  public  minister  should  arise,  the 
highest  tribunal  of  the  land*  is  the  proper  one  to  enter- 
tain it. 

“ The  judicial  power  of  the  Constitution  extends  to 
all  cases  of  admiralty  and  maritime  . jurisdiction.” 
This  means  that  the  United  States  courts  shall  have 
all  the  powers  usually  possessed  by  courts  of  admi- 
ralty. Courts  of  admiralty  are  those  which  take  cog- 
nizance of  questions  relating  to  captures  and  seizures 
at  sea,  and  all  civil  and  criminal  maritime  causes. 
Acts  done  upon  the  high  sea  where  all  nations  claim  a 
common  right  and  a common  jurisdiction,  should 
come  exclusively  under  the  cognisance  of  the  national 
courts.  Questions  relating  to  prizes  in  time  of  wa> 


THE  SCIENCE  OF  GOVERNMENT. 


181 


constitute  cases  in  admiralty.  When  two  nations 
are  at  war,  and  a vessel  of  one  nation  captures  a ves- 
sel belonging  to  the  other,  the  captors  are  not  at  lib- 
erty to  appropriate  the  captured  vessel  and  contents 
to  their  own  use.  The  vessel  must  be  sent  into  port, 
and  the  case  brought  before  the  court  of  admiralty. 
If  the  court  decide  that  she  is  a lawful  prize,  she  is 
given  to  the  captors.  If  the  decision  be  that  she  is 
uot  a lawful  prize,  she  is  restored  to  the  owners,  ard 
compensation  is  ordered  for  the  detention.  Vessels 
really  belonging  to  the  enemy  often  claim  to  belong 
to  a neutral  nation.  It  is  for  the  court  to  decide  on 
the  validity  of  the  claim.  Hence  the  rights  of  neu- 
tral nations  may  be  involved  in  the  decision  of  the 
court  of  admiralty.  As  the  nation  is.  responsible  for 
the  decision,  it  ought  to  be  made  by  the  national 
court. 

“The  judicial  power  extends  to  controversies  in 
which  the  United  States  shall  be  a party.”  By  this 
is  meant  that  the  United  States  can  bring  a suit  in  the 
United  States  courts  against  individuals,  or  against 
corporations.  A collector  fails  to  pay  into  the  United 
States  Treasury  the  money  he  has  collected.  The 
United  States  may  bring  a suit  against  him  and  his 
sureties  and  compel  payment  This  is  necessary  that 
the  government  may  protect  its  rights. 

The  judicial  power  of  the  Supreme  Court  extends 
“to  controversies  between  two  or  more  States.”  # Two 


182 


THE  SCIENCE  OF  GOVERNMENT. 


or  more  States  may  thus  carry  on  a suit  before  the 
Supreme  Court,  the  one  as  plaintiff,  the  other  as  de- 
fendant. Controversies  often  arise  between  States 
and  the  Constitution  wisely  refers  them  for  decision  to 
the  Supreme  Court. 

“ Between  a State  and  the  citizens  of  another 
State.”  This  provision  authorized  individuals  in  one 
State  to  bring  a suit  against  another  State.  A great 
many  suits  were  brought  against  States  by  their  cred- 
itors to  enforce  the  payment  of  their  debts  or  other 
claims.  This  caused  an  amendment  to  the  Constitu- 
tion to  be  adopted,  which  prevented  individuals  from 
bringing  a suit  against  a State.  The  amendment  is  as 
follows:  “The  judicial  power  of  the  United  States 
shall  not  be  construed  to  extend  to  any  suit  in  law  or 
equity  commenced  or  prosecuted  against  one  of  the 
United  States  by  citizens  of  another  State,  or  by  citi- 
zens or  subjects  of  any  foreign  State.” 

“ Controveries  between  citizens  of  different  States.” 
But  for  this  provision  each  State  would  be  “ obliged 
to  acquiesce  in  the  degree  of  justice  which  another 
State  might  choose  to  yield  to  its  citizens.”  Now,  a 
citizen  of  New  York,  having  a claim  against  a 
citizen  of  Massachusetts,  may  bring  a suit  either  in 
the  courts  of  Massachusetts  or  in  the  United  States 
courts. 

“ Controversies  between  citizens  of  the  same  State 
claiming  lands  under  grant  of  different  States.” 


THE  SCIENCE  OF  GOVERNMENT. 


183 


The  design  of  this  clause  is  to  provide  a tribunal 
Caving  no  interest  on  the  one  side  more  than  on  the 
other.  Suppose  citizens  of  Ohio  claim  certain  lands, 
rue  one  party  claims  that  the  lands  were  granted 
them  by  Connecticut,  and  the  other  party  claim  the 
lands  were  granted  them  by  Ohio.  Both  claims  can 
not  be  valid.  The  United  States  court  is  evidently 
the  suitable  one  to  make  the  decision. 

“ Controversies  between  a State,  or  citizens  thereof 
and  foreign  States,  citizens,  or  subjects.” 

Questions  in  which  foreigners  are  parties  are  liable 
to  involve  national  questions,  and  hence  should  be  de- 
cided by  national  tribunals.  A decision  in  the  case  of 
a foreigner  in  which  the  treaty  with  his  country  should 
be  disregarded,  would  be  an  offence  against  that 
nation. 

A foreign  State  cannot  become  a party  in  a suit  in 
any  of  the  United  States  tribunals,  unless  it  gives  its 
consent  to  the  same. 

Foreigners  residing  in  the  country  have  a right  to 
sue  in  the  United  States  courts.  In  case  of  war  this 
right  is  suspended  till  peace  is  restored. 

Art.  3,  § 2,  2.  “ In  all  cases  affecting  ambassadors, 
other  public  ministers  and  consuls,  and  those  in  which 
a State  shall  be  a party,  the  Supreme  Court  shall  have 
original  jurisdiction.  In  all  the  other  cases  before  men- 
tioned, the  Supreme  Court  shall  have  appellate  juris- 
diction, both  as  to  law  and  fact,  with  such  excep- 


184  THE  SCIENCE  OF  GOVERNMENT. 

tions  and  under  such  regulations  as  Congress  shall 
make.” 

It  will  be  observed  that  there  are  only  a few  cases 
in  which  actions  can  be  commenced  in  the  Suprem 
Court.  The  principal  business  of  the  Supreme  Cour 
is  to  review,  upon  appeal,  the  decisions  of  the  inferio* 
courts. 

Art.  3,  § 2,  3.  “ The  trial  of  all  crimes,  except  in 

cases  of  impeachment,  shall  be  by  jury;  and  such  trial 
shall  be  held  in  the  State  where  the  said  crimes  shall 
have  been  committed;  but  when  not  committed  with 
in  any  State,  the  trial  shall  be  at  such  place  or  places 
as  the  Congress  may  by  law  have  directed.” 

The  trial  by  jury  has  been  enjoyed  in  England 
from  the  time  the  Magna  Charta  was  granted  by 
King  John.  It  was  brought  to  this  country  by  our 
fathers,  and  is  rendered  doubly  secure  by  this  provision 
of  the  Constitution. 

In  cases  tried  by  jury,  there  are  in  fact  two  kinds 
of  judges,  the  permanent  and  the  transient.  The  per- 
manent consist  of  the  judge  or  judges  belonging  to 
the  court — men  supposed  to  be  learned  in  the  law  and 
possessed  of  superior  talent.  The  transient  are  the 
jurors,  who  are  twelve  citizens  selected  for  the  occa- 
sion. The  judge  or  judges  decide  all  questions  of  law 
involved  in  the  case.  The  jurors  decide  all  questions 
pf  fact.  No  man  can  be  convicted  of  a crime  unless 
in  the  judgment  of  all  the  jurors  he  is  guilty.  Trial 


THE  SCIENCE  OF  GOVERNMENT. 


185 


by  jury  is  regarded  as  the  great  safeguard  oi  personal 
liberty. 

An  additional  safeguard  against  injustice  is  found 
in  the  provision  requiring  the  accused  to  be  tried  ii 
tiie  State  where  the  crime  was  committed.  If  a tiia 
could  be  ordered  in  a distant  State,  the  accused  might 
be  unable  to  secure  the  attendance  of  the  witnesses. 
It  may  be  said  that  it  is  not  probable  that  such  a 
manifest  departure  from  justice  would  ever  take  place 
but  similar  acts  of  injustice  have  been  perpetrated,  and 
it  is  wise  to  have  safeguards  against  them. 

W e have  seen  that  the  Supreme  Court  has  original 
jurisdiction  only  in  a few  cases,  and  that  it  is  chiefly 
employed  in  the  exercise  of  its  appellate  jurisdiction. 
“But  the  exercise  of  appellate  jurisdiction  is  far  from 
being  limited  by  the  terms  of  the  Constitution  to  the 
Supreme  Court.  There  can  be  no  doubt  that  Con- 
gress may  create  a succession  of  inferior  tribunals,  in 
each  of  which  it  may  vest  appellate  as  well  as  original 
jurisdiction.  The  judicial  power  is  delegated  by  the 
Constitution  in  the  most  general  terms,  and  may, 
therefore,  be  exercised  by  Congress,  under  every  va- 
riety of  form  of  appellate  or  original  jurisdiction.”  * 
Appeals  may,  in  many  cases,  be  made  from  the  State 
courts  to  the  National  courts.  The  framers  and 
friends  of  the  Constitution  pending  its  adoption  by  the 
people,  admitted  that  it  was  the  design  of  the  Con 


Story. 


186 


THE  SCIENCE  OF  GOVERNMENT. 


titulion  to  extend  the  appellate  power  to  the  State 
courts.  This  was  made  a ground  of  attack  by  ita 
enemies. 

“ It  is  an  historical  fact,  that  the  Supreme  Court  of 
the  United  States  have,  fioin  time  to  time,  sustained 
this  appellate  jurisdiction  in  a great  variety  of  cases, 
brought  from  the  tribunals  of  the  most  important 
States  in  the  Union.” 

The  powder  of  the  National  courts  to  entertain 
appeals  from  the  State  courts  is  necessary  to  uniform 
ity  of  decisions  upon  all  subjects  in  any  way  connect- 
ed with  the  Constitution  and  laws  of  the  United 
States.  Different  decisions  might  be  made  in  different 
States,  and  if  there  were  no  revising  authority  to  con- 
trol and  “ harmonize  them  into  uniformity,  the  laws, 
treaties,  and  the  Constitution  of  the  United  States 
would  be  different  in  different  States,  and  might,  per- 
haps, never  have  precisely  the  same  construction, 
obligation,  or  efficiency  in  any  two  States.” 

The  judiciary  department  of  our  government  has 
commanded  the  respect  andweneration  of  the  country. 
John  Jay  was  the  first  chief  justice.  Washington 
offered  him  his  choice  of  places  when  organizing  the 
government,  but  intimated  his  belief  that  the  judiciary 
was  his  proper  place. 

When  he  resigned  in  order  to  become  Governor 
of  New  York,  Oliver  Ellsworth  was  appointed  chief 
justice,  and  on  his  resigning  in  consequence  of  having 


THE  SCIENCE  OF  GOVERNMENT. 


187 


been  appointed  Minister  to  France,  John  Marshall  of 
Virginia  was  appointed.  He  discharged  the  duties 
of  the  office  for  thirty-five  years.  He  ranked  among 
the  ablest  jurists  of  his  time. 

The  superior  courts  of  England  are  the  court  of 
chancery,  and  the  three  common  law  courts  of  king’s 
bench,  common  pleas,  and  exchequer.  They  are  all 
held  at  Westminster,  and  are  often  termed  the  Courts 
at  Westminster. 

The  court  of  chancery  is  the  highest  court  in  the 
kingdom,  and  is  both  a court  of  equity  and  of  common 
law.  The  equitable  jurisdiction  embraces  the  principal 
and  most  important  business  of  the  court. 

“ There  are  in  fact  five  superior  courts  of  chancery 
in  England,  viz. : the  High  Court  of  Chancery , pre- 
sided over  by  the  Lord  High  Chancellor  of  Great 
Britain,  to  whom  an  appeal  lies  from  the  others ; the 
Court  of  the  Master  of  the  Rolls , who  is  assistant  to 
the  Lord  Chancellor,  when  present,  and  his  deputy 
when  absent ; and  the  Court  of  the  Vice - Chancellor 
of  England . Two  additional  vice-chancellors  have 
been  recently  appointed  with  powers  precisely  similar 
to  those  of  the  vice-chancellor  of  England.”  * 

The  king’s  bench  is  the  highest  court  of  common 
law  in  England.  It  consists  of  a chief  justice  and  fou. 
associate  or  puisne  justices,  as  they  are  termed.  ‘ I 
takes  cognisance  both  of  criminal  and  civil  causes;  th? 


* Burrill. 


188 


THE  SCIENCE  OE  GOVERNMENT. 


former  in  what  is  called  the  crown  side  or  crown  office? 
the  latter  m the  plea  side  of  the  court.  Anciently  its 
jurisdiction  was  confined  to  criminal  matters  and 
pleas  of  the  crown,  and  to  civil  actions  of  trespass,  but 
it  gradually  usurped  a jurisdiction  over  all  actions 
between  subject  and  subject,  except  real  actions,  ii 
which  it  is  now  confirmed.” 

Real  actions  are  actions  brought  for  the  recovery 
of  real  property,  such  as  houses  and  lands. 

The  court  of  common  pleas  consists  of  a chief 
justice  and  four  other  judges.  This  court  has  al- 
ways exercised  an  exclusive  jurisdiction  over  real 
actions. 

The  court  of  exchequer  is  inferior  in  rank  to  both 
the  king’s  bench  and  the  common  pleas.  Its  judges 
are  termed  barons.  It  consists  of  a chief  baron  and 
four  associate  barons.  It  was  originally  intended 
principally  to  order  the  revenues  of  the  crown,  and  to 
recover  debts  due  the  king,  but  it  has  long  possessed 
the  character  of  an  ordinary  court  of  justice  between 
subject  and  subject.  In  fact  nearly  all  cases  between 
plaintiff  and  defendant  may  be  indiscriminately  tried 
in  each  of  the  three  courts. 

From  the  court  of  chancery,  and  from  the  courts 
at  Westminster,  an  appeal  lies  to  the  House  of  Lords. 
The  House  of  Lords  is  thus  the  highest  judicial  tri 
bunal  in  Great  Britain. 


THE  SCIENCE  OF  GOVERNMENT.  Ib9 

The  lords,  when  holding  a judicial  session,  request 
the  attendance  and  advice  of  the  judges  of  the  supe- 
rior courts,  and  the  decisions  are  commonly  made  in 
accordance  with  their  advice  and  that  of  the  members 
learned  in  the  law. 


CHAPTER  XVII. 

TREASON CITIZENSHIP ADMISSION  OF  NEW  STATES AMENI>- 

MENTS. 

Art.  3,  § 3.  “ Treason  against  the  United  States 
shall  consist  only  in  levying  war  against  them,  or  in 
adhering  to  their  enemies,  giving  them  aid  and  com- 
fort. No  person  shall  be  convicted  of  treason,  unless 
on  the  testimony  of  two  witnesses  to  the  same  overt 
act,  or  on  confession  in  open  court.” 

Treason  is  regarded  as  the  highest  crime  that  can 
be  committed  against  civil  society.  In  past  ages  the 
term  was  a very  indefinite  one.  Men  have  been  con- 
victed and  punished  for  treason  for  a great  variety  of 
acts.  Tyrannical  governments  have  often  disposed  of 
obnoxious  persons,  by  finding  them  guilty  of  treason. 
This  occurred  so  frequently  even  in  England,  that  in 
the  reign  of  Edward  III.  Parliament  interfered  by 
declaring  and  defining  the  different  branches  of  trea- 
son. This  clause  of  the  Constitution  is  taken  from 
said  act  of  parliament.  It  secures  every  one  against 


THE  SCIENCE  OF  GOVERNMENT. 


191 


the  charge  of  treason  unless  he  has  made  war  against 
the  United  States,  or  assisted  their  enemies. 

The  Constitution  also  secures  to  every  one  accused 
of  treason  a fair  trial.  No  man  can  be  convicted  of 
treason  on  the  testimony  of  one  witness,  however  ex- 
j licit  and  clear  his  testimony.  Nor  can  he  be  con- 
vict! d on  his  own  confession,  unless  it  be  made  in 
open  court.  Confession  artfully  wrung  from  him,  or 
false  testimony  respecting  confession,  cannot  harm 
him.  Thus  careful  were  our  fathers  in  regard  to  the 
criim  of  treason,  being  led  thereunto  by  the  bloody 
reco;  Is  on  the  pages  of  history. 

Art.  3,  § 3,  2.  “ The  Congress  shall  have  power 
to  declare  the  punishment  of  treason;  but  no  at- 
tainder of  treason  shall  work  corruption  of  blood  or 
forfeiture,  except  during  the  life  of  the  person  at- 
tainted.” 

“ The  punishment  of  high  treason  by  the  common 
law,  as  stated  by  Mr.  Justice  Blackstone,  is  as  fol- 
lows: 1.  That  the  offender  be  drawn  to  the  gallows, 
and  not  be  carried  or  walk,  though  usually  (by  conni- 
vance at  length  ripened  into  law)  a sledge  or  hurdle 
s allowed,  to  preserve  the  offender  from  the  ex- 
treme torment  of  being  dragged  on  the  ground  or 
pavement.  2.  That  he  be  hanged  by  the  neck  and 
cut  down  alive.  3.  That  his  entrails  be  taken  out 
and  burned  while  he  is  yet  alive.  4.  That  his  head 
be  cut  off  6.  That  hia  body  be  divided  into  foul 


192  THE  SCIENCE  OP  GOVERNMENT. 

parts.  6.  That  his  head  and  quarters  be  at  the  king’s 
disposal.”  * 

These  refinements  in  cruelty  were  in  former  times 
literally  and  studiously  executed.  Our  fathers  placed 
the  power  of  declaring  the  punishment  of  treason 
with  Congress.  Congress  has  made  the  punishment 
to  be  death  by  hanging. 

By  the  common  law,  corruption  of  blood  and  for- 
feiture of  property  followed  conviction  of  treason. 
The  person  convicted  could  not  inherit  property  from 
his  ancestors  nor  transmit  it  to  his  heirs.  If  a man 
was  convicted  and  executed  for  treason,  and  then  his 
father  should  die,  his  children  could  not  inherit  theii 
grandfather’s  property,  for  they  must  claim  through 
his  father,  whose  blood  being  corrupted  has  lost  its 
inheritable  qualities.  To  prevent  the  innocent  from 
thus  suffering,  the  Constitution  declares  that  convic- 
tion for  treason  shall  not  work  corruption  of  blood  or 
forfeiture,  except  during  the  life  of  the  person  at- 
tainted. 

Art.  4,  § 1.  “ Full  faith  and  credit  shall  be  given  in 
each  State  to  the  public  acts,  records,  and  judicial  pro- 
ceedings of  every  other  State,  and  the  Congress  may, 
by  general  laws,  prescribe  the  manner  in  which  such 
acts,  records,  and  proceedings  shall  be  proved,  and  the 
effect  thereof.” 

If  a case  had  been  tried  and  decided  in  a State, 
* Story. 


THE  SCIENCl’,  OF  GOVERNMENT. 


.93 


and  an  attempt  should  be  made  to  bring  the  same 
matter  into  court  in  another  State,  the  party  sought 
to  be  injured  would  procure  the  record  of  the  for- 
mer trial,  and  that  would  put  an  end  to  the  proceed- 
ing. 

Art  4,  § 2,  1.  “The  citizens  of  each  State  shall  be 
entitled  to  all  privileges  and  immunities  of  citizens  in 
the  several  States.” 

The  design  of  the  Constitution  was  to  make  one 
nation  of  the  States.  As  all  are  citizens  of  the  United 
States,  they  are,  for  the  time  being,  citizens  of  that 
State  in  which  they  reside.  They  are,  of  course,  sub- 
ject to  the  local  regulations  of  said  State.  If  one 
of  those  regulations  be,  that  one  must  be  a resi- 
dent for  six  months  in  order  to  vote,  that  regulation 
does  not  interfere  with  this  provision  of  the  Constitu- 
tion. 

Art.  4,  § 2,  2.  “ A person  charged  in  any  State 
with  treason,  felony,  or  other  crime,  who  shall  flee 
from  justice,  and  be  found  in  another  State,  shall,  on 
demand  of  the  executive  authority  of  the  State  from 
which  he  fled,  be  delivered  up,  to  be  removed  to  the 
State  having  jurisdiction  of  the  crime.” 

This  tends  to  facilitate  the  execution  of  justice, 
and  is  rendered  necessary  by  that  part  of  the  Constitu- 
tion which  requires  that  the  accused  be  tried  in  the 
\ 

State  where  the  crime  was  committed. 

In  regard  to  foreign  nations,  the  surrender  of 
9 


194 


THE  SCIENCE  OF  GOVERNMENT. 


criminals  is  often  made  the  subject  of  treaty  stipula 
tions. 

Art.  4,  § 2,  3.  “No  person  held  to  service  or  laboi 
in  one  State  under  the  laws  thereof  escaping  into 
another,  shall,  in  consequence  of  any  law  or  regulation 
therein,  be  discharged  from  such  service  or  labor,  but 
shall  be  delivered  up  on  claim  of  the  party  to  whom 
such  service  or  labor  may  be  due. 

This  relates  to  fugitive  slaves.  It  requires  that 
fugitive  slaves  be  restored  to  their  masters. 

.As  slavery  has  ceased  to  exist  in  the  United  States, 
this  clause  is  therefore  a dead  letter,  and  discussions 
growing  out  of  it  are  at  an  end. 

Art.  4,  § 3.  “ New  States  may  admitted  by  the 

Congress  into  this  Union ; but  no  new  State  shall  be 
formed  or  erected  within  the  jurisdiction  of  any  other 
State;  nor  any  State  be  formed  by  the  junction  of  two 
or  more  States  or  parts  of  States,  without  the  consent 
of  the  legislatures  of  the  States  concerned,  as  well  as 
of  the  Congress.” 

When  a new  State  desires  admission  to  the  Union 
application  is  made  to  Congress.  Congress  may  pre- 
scribe the  terms  on  which  the  applicant  may  be  re 
ceived,  provided  said  terms  are  not  in  conflict  with 
any  of  the  provisions  of  the  Constitution. 

Art.  4,  § 3,  2.  “ The  Congress  shall  have  power  to 
dispose  of  and  make  all  needful  rules  and  regulations 
respecting  the  territory  or  other  property  belonging  tc 


THE  SCIENCE  OF  GOVERNMENT. 


195 


ihe  United  States,  and  nothing  in  this  Constitution 
shall  be  so  construed  as  to  prejudice  any  claims  of  the 
United  States  or  of  any  particular  State.” 

Under  this  provision,  Congress  has  erected  territo* 
riai  governments,  which  have  exercised  authority  till- 
they  were  superseded  by  State  governments. 

The  territorial  governments  consist  of  a governor 
appointed  by  the  President  and  Senate,  a legislature 
chosen  by  the  people,  and  judges  appointed  by  the 
President  and  Senate.  These  judges  are  not  regarded 
as  belonging  to  the  national  judiciary.  Their  term  of 
office  expires  when  the  territory  becomes  a State,  it 
not  sooner  removed.  The  people  of  the  territory  elect 
a delegate,  who  has  a seat  in  the  House  of  Representa- 
tives, and  can  take  part  in  debates  relating  to  the  ter- 
ritory, but  is  not  entitled  to  a vote. 

Art.  4,  § 4.  “ The  United  States  shall  guarantee  to 
every  State  in  this  Union  a republican  form  of  govern- 
ment, and  shall  protect  each  of  them  against  invasion , 
and  on  application  of  the  legislature,  or  of  the  execu- 
tive (when  the  legislature  cannot  be  convened),  against 
domestic  violence.” 

This  secures  to  each  State  for  its  protection  against 
foreign  and  domestic  foes  the  power  of  the  United 
States. 

Art.  5,  § 1.  “The  Congress,  whenever  two-thirds 
of  both  houses  shall  deem  it  necessary,  shall  propose 
amendments  to  this  Constitution,  or,  on  the  appliear 


19k  THE  SCIENCE  OF  GOVERNMENT. 

tion  cl  the  legislatures  of  two-thirds  of  the  severa* 
Stater:,  v.hall  call  a convention  for  proposing  amend- 
ments, which  in  either  case  shall  be  valid  to  all  intents 
and  purposes,  as  part  of  this  Constitution,  when  rati- 
fied by  the  legislatures  of  three-fourths  of  the  several 
States,  or  by  conventions  in  three  fourths  thereof,  as 
one  or  the  other  mode  of  ratili cation  may  be  proposed 
by  tic  Congress,  provided  that  no  amendment  which 
may  be  made  prior  to  the  year  one  thousand  eight 
hundred  and  eight,  shall  in  any  manner  affect  the  first 
and  fourth  clauses  in  the  ninth  section  of  the  first 
article ; and  thrt  no  State,  without  its  consent,  shall 
be  deprived  of  its  equal  suffrage  in  the  Senate.” 

The  Constitut  ion  thus  provides  in  two  ways  for  its 
amendment.  The  first  is  the  one  that  has  hitherto 
been  adopted.  No  amendment  was  to  affect  the 
clause  relating  to  the  prohibition  of  the  slave  trade, 
and  the  clause  relating  to  a capitation  tax.  Time,  and 
the  course  of  events,  have  rendered  those  restrictions 
needless.  That,  forever  securing  to  all  the  States 
equal  suffrage  in  the  Senate,  remains. 

Art.  6,  § 1.  “ AH  debts  contracted,  and  engage- 

ments entered  into  before  the  adoption  of  this  Consti- 
tution, shall  be  as  valid  against  the  United  States 
nnder  this  Constitution,  as  under  the  Confedera- 
tion.” 

This  is  simply  affirming  a principle  of  the  law  of 
nations. 


THE  SCIENCE  OF  GOVERNMENT. 


19/ 


Art.  6,  § 2.  “This  Constitution,  and  the  laws  of 
the  United  States  which  shall  be  made  in  pursuance 
thereof,  and  all  treaties  made,  or  which  shall  be  made, 
under  the  authority  of  the  United  States,  shall  be  the 
supreme  iaw  of  the  land;  and  the  judges  in  every 
State  shall  be  bound  thereby,  any  thing  in  the  Consti- 
tution or  laws  of  any  State  to  the  contrary  notwith- 
standing.” 

If  this  does  not  express  the  supremacy  of  the  Con- 
stitution to  all  State  constitutions,  laws,  and  ordi 
nances,  language  cannot  be  so  framed  as  to  do  it. 

Art.  6,  § 3.  “ The  senators  and  representatives  be- 
fore mentioned,  and  the  members  of  the  several  State 
legislatures,  and  all  executive  and  judicial  officers, 
both  of  the  United  States  and  of  the  several  States, 
shall  be  bound  by  oath  or  affirmation,  to  support  this 
Constitution ; but  no  religious  test  shall  ever  be  re- 
quired as  a qualification  to  any  office  or  public  trust 
under  the  United  States.” 

The  State  officers  are  concerned  in  many  ways  in 
carrying  into  effect  the  provisions  of  the  Constitution 
of  the  United  States,  hence  it  is  proper  that  they  be 
bound  by  oath  to  support  it.  Members  of  Congress, 
executive,  or  judicial  officers,  cannot  labor  to  over- 
throw the  Constitution  and  laws  of  the  United  States 
without  incurring  the  guilt  of  perjury. 

Art.  7.  “ The  ratification  of  the  Conventions  oi 

nine  States  shall  be  sufficient  for  the  establishment  oi 


198 


THE  SCIENCE  OF  GOVERNMENT. 


this  Constitution  between  the  States  so  ratifying  the 
same.” 

It  will  be  recollected  that  when  the  Constitution 
went  into  operation,  eleven  out  of  the  original  thir 
teen  States  had  ratified  the  Constitution. 


CHAPTER  XVIIL 


AMENDMENTS, 

Whei*  the  Constitution  was  laid  before  the  peojle 
it  was  objected  that  it  did  not  contain  a bill  of  rights. 
“ A bill  of  rights  is  a written  instrument,  containing 
a public  declaration  of  certain  general  rights  of  the 
people,  which  are  held  fundamental  to  their  security 
and  protection.” 

The  true  answer  to  this  objection  is  found  in  the 
fact  that  the  sole  object  of  the  Constitution  was  to 
provide  for  and  secure  the  rights  of  the  people.  But 
to  meet  this  and  other  objections,  the  first  Congress 
under  the  Constitution  proposed  certain  amendments, 
which,  being  ratified  by  the  legislatures  of  three- 
fourths  of  the  States,  became  a part  of  the  Constitu- 
tion. These  amendments  are  as  follows : 

Art.  1.  “ Congress  shall  make  no  law  respecting 
an  establishment  of  religion,  or  prohibiting  the  free 
exercise  thereof ; or  abridging  the  freedom  of  speech 
or  of  the  press  ; or  the  right  of  the  people  peaceably  to 


200 


THE  SCIENCE  OF  GOVERNMENT. 


assemble,  and  to  petition  the  government  for  a redress 
of  grievances.” 

The  evils  resulting  from  a connection  of  the  State 
with  the  Church,  are  well  known.  The  experience  of 
some  of  the  colonies,  where  preference  had  been  given 
to  particular  denominations,  confirmed  the  aversion  of 
the  people  to  the  union  of  Church  and  State.  Hence 
they  desired  to  have  in  the  Constitution  a provision 
guaranteeing  religious  freedom. 

Freedom  of  speech  and  of  the  press  is  essential  to 
liberty.  It  was  well  to  place  the  matter  beyond  pos- 
sibility of  doubt,  by  expressly  forbidding  Congress  to 
encroach  on  freedom  of  speech  or  of  the  press. 

Freedom  of  speech  and  of  the  press  may  degener- 
ate into  licentiousness.  This  is  partially  checked 
by  laws  forbidding  slander.  Great  evils  may  result 
from  the  licentiousness  of  the  pre£s,  but  greater  evils 
would  follow  the  power  of  the  government  to  interfere 
with  its  freedom. 

There  are  extravagant  and  unsound  notions  current 
in  regard  to  the  freedom  of  the  press.  Some  seem  to 
think  that  it  secures  impunity  in  doing  every  kind  of 
wrong  that  can  be  perpetrated  by  means  of  the  press. 
Such  freedom,  or  license,  for  it  cannot  properly  be 
called  freedom,  would  be  incompatible  with  the 
existence  of  a free  government.  An  eminent  jurist 
has  remarked  that  freedom  of  the  press  consists  in 
laying  no  previous  restraints  upon  publications,  and 


THE  SCIENCE  OF  GOVERNMENT. 


201 


not  in  freedom  from  censure  for  criminal  matter  when 
published.  “ Every  freeman  has  an  undoubted  right 
to  lay  what  sentiments  he  pleases  before  the  public ; 
to  forbid  this  is  to  destroy  the  freedom  of  the  press. 
But  if  he  publishes  what  is  improper,  mischievous,  or 
illegal,  he  must  take  the  consequences  of  his  own 
temerity.”  “ To  censure  the  licentiousness  is  to 
maintain  the  liberty  of  the  press.”  Chancellor  Kent 
remarks:  “It  has  become  a constitutional  principle  in 
this  country  that  every  citizen  may  freely  speak,  write, 
and  publish  his  sentiments  oil  all  subjects,  being  re- 
sponsible for  the  abuse  of  that  right ; and  that  no  law 
can  rightfully  be  passed  to  restrain  or  abridge  the 
freedom  of  the  press.” 

The  right  of  petition  is  expressly  provided  for, 
though  in  a popular  government  it  would  seem  that 
such  a provision  could  scarcely  be  necessary.  The 
right  to  petition  government  implies  the  right  to  have 
the  petitions  received.  The  refusal  of  Congress  to 
receive  petitions  respectfully  worded  and  properly 
presented  would  be  a violation  of  this  clause  in  the 
Constitution. 

Art.  2.  u A well-regulated  militia  being  necessary 
to  the  security  of  a free  State,  the  right  of  the  people 
to  keep  and  bear  arms  shall  not  be  infringed.” 

A well-regulated  militia  supersedes  the  necessity 
of  a standing  army.  The  right  to  keep  and  bear  arms 
gives  the  people  power  to  resist  effectually,  if  need  be, 
9* 


202 


THE  SCIENCE  OF  GOVERNMENT. 


the  encroachments  of  usurpation  and  arbitrary  power. 
To  the  fact  that  nearly  all  the  American  people  are 
iceustomed  to  the  use  of  arms,  is  it  in  a great  measure 
5 wing  that  large  armies  can  be  organized  and  dis 
siplined  in  a very  short  time. 

Art.  3.  “No  soldier  shall,  in  time  of  peace,  be 
juartered  in  any  house,  without  the  consent  of  the 
owner;  nor  in  time  of  war,  but  in  a manner  to  be  pre- 
scribed by  law.” 

This  guards  against  an  evil  practically  unknown  in 
this  country,  but  well  known  in  former  times  in  Great 
Britain  and  other  countries.  Many  of  the  most 
valuable  provisions  of  our  Constitution  are  owing  to 
the  example  furnished  by  Great  Britain. 

Art.  4.  “The  right  of  the  people  to  be  secure  in 
their  persons,  houses,  papers,  and  effects,  against  un- 
reasonable searches  and  seizures,  shall  not  be  violated ; 
and  no  warrants  shall  issue,  but  upon  probable  cause, 
supported  by  oath  or  affirmation,  and  particularly 
describing  the  place  to  be  searched,  and  the  person  or 
things  to  be  seized.” 

This  is  necessary  to  that  complete  personal  security 
which  every  government  should  furbish  to  its  subjects. 
It  was  suggested  by  the  practice  for  a long  time  com- 
mon in  England,  of  issuing  general  warrants  to  arrest 
all  persons  (without  naming  them)  engaged  or  suspect- 
ed to  be  engaged  in  certain  transactions.  This  ren 
dered  every  man  liable  to  arrest. 


THE  SCIENCE  OF  GOVERNMENT. 


203 


Art.  5.  “No  person  shall  he  held  to  answer  for  a 
c ipital  or  otherwise  infamous  crime,  unless  on  a present- 
ment or  indictment  of  a grand  jury,  except  in  cases 
arising  in  the  land  or  naval  forces,  or  in  the  militia, 
when  in  actual  service  in  time  of  war  or  public  danger ; 
nor  shall  any  person  be  subject  for  the  same  offence  to 
be  twice  put  in  jeopardy  of  life  or  limb ; nor  shall  be 
compelled  in  any  criminal  case  to  be  a witness  against 
himself,  nor  be  deprived  of  life,  liberty,  or  property 
without  due  process  of  law ; nor  shall  private  property 
be  taken  for  public  use  without  just  compensation.” 

A grand  jury  is  a body  of  men  selected  in  a man- 
ner prescribed  by  law,  and  sworn  to  make  inquiry  and 
present  all  offences  against  the  government  in  the 
district  for  which  they  were  selected.  “ The  grand 
jury  may  consist  of  any  number  not  less  than  twelve 
nor  more  than  twenty-three ; and  twelve  at  least  must 
concur  in  every  accusation.  They  sit  in  secret  and 
examine  the  evidence  laid  before  them  by  themselves.” 
An  accusation  is  laid  before  them.  If  they  believe  it 
to  be  true,  they  write  on  the  back  of  it,  “ A true  bill.” 
The  party  thus  accused  stands  indicted,  and  may  then 
be  tried  by  a court  of  justice. 

“The  indictment  must  charge  the  time,  and  place, 
and  nature,  and  circumstances  of  the  offence  with 
clearness  and  certainty,  so  that  the  party  may  have 
full  notice  of  the  charge,  and  be  able  to  make  his  de* 
fence  with  all  reasonable  knowledge  and  ability,” 


204 


THE  SCIENCE  OF  GOVERNMENT. 


Tlie  exceptions  to  this  provision  relate  to  the  proper 
field  for  the  exercise  of  martial  law. 

No  person  can  be  twice  tried  for  an  offence,  pro- 
vided  a.  judgment  was  rendered  in  the  case.  This  is 
to  prevent  one  from  being  arrested  and  tried  a second 
time,  when  perhaps  the  witnesses  which  proved  his 
innocence  at  the  former  trial  are  absent  or  deceased. 
By  this  provision  it  is  possible  that  a guilty  man  may 
escape  punishment,  but  that  is  far  better  than  that  an 
innocent  man  should  suffer  wrong. 

No  man  can  be  compelled  to  bear  witness  against 
himself.  It  may  seem  strange  that  such  a prohibition 
should  be  deemed  necessary.  But  there  have  been^ 
in  former  times,  in  some  countries,  numerous  cases  in 
which  men  were  tortured  to  compel  them  to  beai 
witness  against  themselves,  or  to  confess  themselves 
guilty. 

Art.  6.  “In  all  criminal  prosecutions,  the  accused 
shall  enjoy  the  right  to  a speedy  public  trial  by  an 
impartial  jury  of  the  State  and  district  wherein  the 
crime  shall  have  been  committed,  which  district  shall 
have  been  previously  ascertained  by  law;  and  to 
be  informed  of  the  nature  and  cause  of  the  accusa- 
tion ; to  be  confronted  with  the  witnesses  against  him  ; 
to  have  compulsory  process  for  obtaining  witnesses  in 
his  favor,  and  to  have  the  assistance  of  counsel  for  hig 
defence.” 

These  provisions  furnish  greater  security  for  pei 


THE  SCIENCE  OF  GOVERNMENT. 


20& 


Bona,  liberty,  than  is  furnished  by  the  Constitution 
and  iaws  of  any  other  country,  England  not  excepted. 

Art.  7.  “ In  suits  at  common  law,  where  the  value 
in  controversy  shall  exceed  twenty  dollars,  the  right 
of  trial  by  jury  shall  be  preserved,  and  no  fact  tried 
by  a jury  shall  be  otherwise  reexamined  in  any  court 
of  the  United  States,  than  according  to  the  rules  of 
the  common  law.” 

This  amendment  was  designed  to  define  and  (unit 
the  interpretation  of  that  clause  in  the  Constitution 
which  declares  that  “ the  Supreme  Court  shall  have 
appellate  jurisdiction  both  as  to  law  and  fact” 

Art.  8.  “ Excessive  bail  shall  not  be  required,  nor 
excessive  fines  be  imposed,  nor  cruel  and  unusual  pun- 
ishment inflicted.” 

The  things  here  forbidden  have  often  taken  place 
in  other  countries,  and  human  nature  is  the  same  in 
all  ages. 

Art.  9.  “ The  enumeration  in  the  Constitution  of 
certain  rights  shall  not  be  construed  to  deny  or  dis- 
parage others  retained  by  the  people.” 

Art.  10.  “The  powers  not  delegated  to  the  United 
States  by  the  Constitution,  nor  prohibited  by  it  to  the 
States,  are  reserved  to  the  States  respectively,  or  to  the 
people.” 

It  will  be  observed  that  the  term  “ expressly”  does 
not  precede  the  term  delegated.  The  second  of  the 
Articles  of  Confederation  declared  that  each  State  re 


206 


THE  SCIENCE  OF  GOVERNMENT. 


taiiied  every  power  and  right  not  “expressly  dele* 
gated  to  the  United  States.”  The  consequence  was 
that  Congress  was  often  obliged  to  usurp  powers  that 
it  did  not  possess. 

When  this  amendment  was  before  Congress  it  was 
proposed  to  insert  the  wTord  “ expressly  ” before  dele- 
gated, but  the  proposition  was  rejected.  It  was  seen 
that  it  was  not  possible  to  confine  a government  to  the 
exercise  of  express  powers.  The  conferring  of  a power 
to  do  a thing  implies  the  power  to  use  the  necessary 
means.  The  government  must  exercise  implied  pow- 
ers, unless  the  Constitution  should  descend  to  the 
most  minute  details. 

The  design  of  the  amendment  was  not  to  abridge 
any  of  the  powers  granted  under  the  Constitution,  but 
to  exclude  any  interpretation  by  which  other  powers 
should  be  assumed. 

Art.  11,  relating  to  the  suability  of  a State  by  citi- 
zens of  another  State,  and  Art.  12,  relating  to  the  mode 
of  choosing  the  President  and  Vice-President,  have 
already  been  considered. 

Art.  13, 1.  “ Neither  slavery  nor  involuntary  servi- 
tude, except  as  a punishment  for  crime,  whereof  the 
party  shall  have  been  duly  convicted,  shall  exist  with 
in  the  United  States,  or  any  place  subject  to  their  ju- 
risdiction. 

2.  “Congress  shall  have  power  to  enforce  this  arti 
cle  by  appropriate  legislation.” 


THE  SCIENCE  OF  GOVERNMENT. 


20? 


This  amendment  was  proposed  in  the  Senate  Feb. 
1 , [864.  It  passed  the  Senate  April  8, 1864,  by  a vote 
oi  36  to  6.  It  passed  the  House  of  Representatives 
Jan.  31, 1865,  by  a vote  of  119  to  56. 

On  Dec.  18,  1865,  William  H.  Seward,  Secretary 
of  State,  officially  announced  to  the  country  that  the 
amendment  had  been  ratified  by  the  legislatures  of 
three-fourths  of  the  States,  and  was  consequently  a 
part  cf  the  “ supreme  law  of  the  land.” 


CHAPTER  XIX. 


1HE  CONSTITUTIONS  OF  THE  STATES. 

When  the  Revolution  took  place,  the  royal  govern- 
ors, judges,  and  other  officers  who  remained  loyal  to 
the  king,  left  the  country.  The  remaining  officers, 
and  the  colonial  assemblies,  exercised  the  powers  of 
government.  New  Jersey  formed  and  adopted  a con- 
stitution July  2,  1776 — two  days  before  the  Declara- 
tion of  Independence.  It  contained  a provision  by 
which  it  became  null  and  void  in  case  a reconciliation 
with  the  mother  country  took  place. 

After  the  Declaration  of  Independence,  all  the 
States  formed  and  adopted  constitutions,  except  Con- 
necticut and  Rhode  Island.  Those  States  continued 
to  use  their  charters — Connecticut  till  1818,  and 
Rhode  Island  till  1842.  Of  course,  every  thing  in  the 
charters  relating  to  the  king  was  regarded  as  null  and 
void. 

The  constitution  of  Virginia  was  adopted  in  1776, 
and  amended  in  1830  ; of  Maryland,  in  1776,  and 


THE  SCIENCE  OP  GOVERNMENT.  20** 

amended  in  1795,  1799,  and  1812;  of  North  Carolina, 
in  1776,  amended  in  1835;  of  Massachusetts,  in  1780, 
amended  in  1 820 ; of  Delaware,  in  1776,  amended  in 
1792  ; of  New  York,  in  1777,  amended  1801,  1821,  1846  ; 
of  Pennsylvania,  in  1776,  amended  in  1790  and  1836; 
of  New  Hampshire,  in  1777,  amended  in  1784  and  1792 ; 
of  Georgia,  in  1777,  amended  in  1785  and  1798  ; of 
Connecticut,  in  1818  ; of  Rhode  Island,  in  1842. 

The  first  new  State  formed  after  the  adoption 
of  the  Federal  Constitution  was  Vermont.  It  was 
formed  of  territory  belonging  to  New  York.  It  was 
admitted  to  the  Union  in  1791.  Its  present  constitu- 
tion was  adopted  in  1793. 

Kentucky  formed  a constitution  in  1790,  and  was 
admitted  to  the  Union  in  1792.  A second  constitu- 
tion was  formed  in  1799,  and  a third  in  1849-’50. 

The  constitution  of  Tennessee  was  adopted  Feb- 
ruary, 1796,  admitted  June,  1796.  This  State  was 
formed  from  territory  ceded  to  the  United  States  by 
North  Carolina. 

The  constitution  of  Ohio  was  formed  in  November, 

1802,  and  she  was  admitted  to  the  Union  February, 

1803.  Ohio  was  formed  from  the  eastern  division  of 
the  Northwest  Territory.  This  territory  was  ceded 
the  Congress  of  the  United  States  in  1784  by  Virginia, 
By  an  ordinance  passed  by  Congress  in  1787,  slavery 
was  forever  prohibited  in  that  territory  and  the  States 


210 


THE  SCIENCE  OF  GOVERNMENT. 


to  be  formed  from  it.  The  ordinance  provided  that 
not  less  than  three  nor  more  than  five  States  should  bo 
formed  out  of  the  territory.  The  prosperous  States  of 
Ohio,  Indiana,  Illinois,  Michigan,  and  Wisconsin,  were 
formed  from  that  territory.  Tie  ordinance  which 
forever  secured  them  to  freedom,  was  advocated  bv 
some  of  the  most  distinguished  sons  of  Virginia,  by 
which  State,  as  we  have  seen,  that  vast  territory  was 
ceded  to  the  United  States. 

The  constitution  of  Louisiana  was  formed  January, 
1812,  and  she  was  admitted  to  the  Union  in  April, 
1812. 

This  State  formed  part  of  the  territory  purchased 
from  France  by  President  Jefferson,  for  $15,000,000. 
Jefferson  acknowledged  that  the  Constitution  did  not 
authorize  the  purchase  of  foreign  territory,  and  intend- 
ed to  appeal  to  the  people  to  make  an  amendment  to 
the  Constitution,  sanctioning  the  purchase.  There  was 
such  a general  approval  of  the  act,  that  no  such  amend- 
ment was  proposed.  It  was  plainly  of  the  utmost 
consequence,  that  the  mouth  of  the  Mississippi,  the 
outlet  of  the  Western  States,  should  not  be  under  the 
control  of  a foreign  power.  John  Quincy  Adams 
spoke  of  the  purchase  as  a “ splendid  violation  of  the 
Constitution.” 

The  purchased  territory  was  divided  by  Congress 
into  the  Territory  of  Orleans  and  the  District  of 
Louisiana.  The  territory  of  Orleans  formed  a const* 


THE  SCIENCE  OF  GOVERNMENT. 


211 


tution,  and  took  the  name  of  Louisiana.  The  District 
of  Louisiana  was  subsequently  called  Missouri. 

Indiana  adopted  a constitution  in  June,  1816,  and 
was  admitted  to  the  Union  in  December  1816.  Thii 
State  was  formed  out  of  the  Northwest  territory. 

Mississippi  adopted  a constitution  in  August,  1817, 
and  was  admitted  to  the  Union  in  December,  1817. 
This  State  was  formed  out  of  territory  ceded  to  the 
United  States  by  South  Carolina  and  Georgia.  It  con- 
stituted the  western  part  of  the  ceded  territory.  The 
eastern  part  was  then  called  the  Territory  of  Alabama. 

Illinois  adopted  a constitution  in  August,  1818,  and 
was  admitted  to  the  Union  in  December,  1818.  It  was 
formed  out  of  the  Northwest  territory. 

Alabama  adopted  a constitution  in  August,  1819, 
and  was  admitted  to  the  Union  in  December,  1819. 

Maine  adopted  a constitution  in  October,  1819,  and 
was  admitted  to  the  Union  in  March,  1820.  It  had 
previously  formed  a part  of  Massachusetts,  and  was 
known  as  the  District  of  Maine. 

Missouri  adopted  a constitution  in  July,  1820,  and 
was  admitted  to  the  Union  in  March,  1821. 

With  the  application  of  this  State  for  admission  to 
the  Union,  began  the  great  struggle  to  prevent  the 
extension  of  slavery  into  the  new  States.  The  con- 
stitution of  Missouri  sanctioned  slavery.  A large 
majority  of  the  members  of  Congress  from  the  free 
States  were  opposed  to  admitting  her  with  that  con 


212 


THE  SCIENCE  OF  GOVERNMENT. 


stitution.  The  struggle  that  took  place  threatened  to 
rend  the  Union.  It  was  finally  settled  by  a com* 
promise,  brought  about  mainly  by  the  influence  of 
Henry  Clay.  By  this  compromise,  the  State  was 
admitted  as  a slaveholding  State ; but  it  was  stipulated 
that  slavery  should  never  be  established  in  any  States 
formed  in  future  from  lands  lying  north  of  latitude 
36°  30'.  This  was  known  as  the  Missouri  Compromise ; 
it  was  repealed  in  1854. 

The  constitution  of  Arkansas  was  adopted  in 
January,  1836,  and  she  was  admitted  to  the  Union  in 
J une,  1 836.  This  State  was  formed  out  of  the  territory 
purchased  from  France. 

Michigan  adopted  a constitution  in  1836,  and  was 
admitted  to  the  Union  in  January,  1837. 

Florida  adopted  a constitution  in  February,  1839, 
and  was  admitted  to  the  Union  in  March,  1845.  This 
State  was  formed  out  of  territory  ceded  by  Spain  to 
the  United  States  in  1819. 

Iowa  adopted  a constitution  in  December,  1844, 
and  was  admitted  to  the  Union  in  March,  1845. 

Texas  adopted  a constitution  in  July,  1 845,  and 
was  admitted  to  the  Union  in  December,  1845.  Texas 
was  an  independent  republic  formed  out  of  Mexican 
territory  by  a successful  rebellion. 

Wisconsin  adopted  a constitution  in  December, 
1846,  and  was  admitted  to  the  Union  in  March,  1847. 

California  adopted  a constitution  in  November 


THE  SCIENCE  OF  GOVERNMENT 


213 


1849,  and  was  admitted  to  the  Union  in  September, 
1S50.  This  State  was  formed  out  of  part  of  the  terri- 
tory ceded  to  the  United  States  by  Mexico  in  1848. 

Minnesota  adopted  a constitution  in  November, 
1857,  and  was  admitted  to  the  Union  in  May,  1858. 

Oregon  adopted  a constitution  in  November,  1857, 
and  was  admitted  to  the  Union  in  May,  1858. 

Kansas  adopted  a constitution  in  October,  1858, 
and  was  admitted  to  the  Union  in  January,  1861. 

West  Virginia  adopted  a constitution  in  April, 
1862.  In  December  of  the  same  year  Congress  passed 
an  act  admitting  the  State  to  the  Union  on  certain 
conditions.  Those  conditions  having  been  complied 
with,  she  wras  admitted  in  June,  1863. 

Nevada  adopted  a constitution  in  1864,  and  was 
admitted  to  the  Union  in  October  of  the  same  year. 

All  the  States  that  have  been  added  to  the  original 
thirteen  had  territorial  governments  previous  to  their 
admission  except  Vermont,  Kentucky,  Tennessee,  and 
Maine.  Texas  was,  as  has  been  stated,  an  independent 
republic. 

The  Constitutions  of  all  the  States  are  similar  to 
the  Constitution  of  the  United  States,  and,  of  course 
similar  to  one  another.  In  all,  the  powers  are  divided 
into  the  legislative,  the  judicial,  and  the  executive. 
The  legislative  power  is  vested  in  two  houses,  and  the 
mode  of  making  laws  the  same  as  that  pursued  by  the 
Congress  of  the  United  States. 


2 14 


THE  SCIENCE  OF  GOVERNMENT. 


The  executive  power  is  vested  in  a governor  wliosi 
powers  are  similaJ*  to  those  possessed  by  the  President 
of  the  United  States.  He  is  charged  with  the  execu* 
ion  of  the  laws,  and,  in  most  of  the  States,  has  a quali- 
fied veto  on  the  acts  of  the  legislature,  and  power  to 
pardon  offences  against  the  laws. 

Each  State  has  a judicial  system  analogous  to  that 
of  the  United  States,  consisting  of  a supreme  court  or 
court  of  appeals,  and  inferior  courts. 

■ 

In  nearly  all  the  States,  the  legislature  meets  an- 
nually. The  members  of  the  lower  house  are  gener- 
ally chosen  for  one  year,  and  those  of  the  upper  house 
for  a longer  period. 

In  the  New  England  States,  the  governors  are 
chosen  for  one  year.  In  some  of  the  States  he  is 
chosen  for  two  years,  and  in  some  for  four  years. 

The  judges  are  in  some  States  appointed  by  the 
governor  and  senate,  in  others  they  are  elected  by  the 
legislature,  and  in  others  they  are  elected  by  the 
people.  There  has  been,  in  the  mode  of  appointment 
and  in  the  tenure  of  office,  a departure  from  the  exam- 
ple of  the  Constitution  of  the  United  States.  The 
judges  are,  in  most  cases,  elected  for  a term  of  years. 
In  all  cases  they  can  be  removed  from  office  by  im- 
peachment, and  in  some  cases  by  the  governor  on  the 
address  of  the  legislature. 

In  some  States  there  are  chancery  courts,  and  in 
others  the  powers  of  chancery  are  vested  in  the  com- 


THE  SCIENCE  OF  GOVERNMENT. 


215 


mon  law  courts.  In  some  States  there  are  separate 
courts  for  the  trial  of  criminal  cases.  In  incorporated 
towns  and  cities  there  are  usually  municipal  courts  foi 
the  trial  of  causes  within  the  incorporated  limits. 

The  State  courts  have  jurisdiction  in  all  matters 
which  the  United  States  courts  have  not  exclusive 
jurisdiction.  It  extends  over  all  debts,  contracts,  and 
crimes,  except  those  which  are  committed  against  the 
laws  of  the  United  States.  In  some  matters  the  Na- 
tional and  State  courts  have  concurrent  jurisdiction. 

The  smaller  matters  of  litigation  come  before  a 
class  of  magistrates,  termed  justices  of  the  peace. 
This  office  is  peculiar  to  the  State  government.  There 
are  generally  several  justices  in  each  township.  In 
some  States  they  are  elected  by  the  people,  and  in 
others  appointed  by  higher  officers.  Though  their 
jurisdiction  is  limited,  they  transact  the  largest  por- 
tion of  the  judicial  business  of  the  country. 

The  State  constitutions  differ  in  regard  to  the 
length  of  residence  required  in  order  to  be  a voter  in 
the  State.  Maine  requires  a residence  of  three  months, 
Kentucky  of  two  years. 

The  State  constitutions,  while  constructed  on  tht 
rune  general  principles  as  the  Constitution  of  the 
United  States,  are  subordinate  to  it.  The  State  con 
stitution  defines  the  powers  of  the  State  government. 
The  main  duty  of  the  State  government  is  to  make 
and  execute  laws  required  by  the  peculiar  and  local 


216 


THE  SCIENCE  OF  GOVERNMENT. 


interests  of  each  State.  It  would  be  almost  impossi- 
ble for  Congress  to  make  all  the  laws  which  are  neces- 
sary for  the  well-being  of  all  the  people  scattered 
throughout  the  vast  territory  of  the  United  States.  If 
we  examine  the  statutes  of  any  State,  we  shall  find  that 
a large  number  of  them  relate  to  local  interests  in  dif- 
ferent parts  of  the  State.  One  law  relates  to  a town- 
ship, another  to  a county.  Consider  how  many  town- 
ships and  counties  .here  are  in  the  United  States,  and 
you  will  see  that  it  would  be  impossible  for  Congress 
to  attend  to  those  numerous  interests.  It  is  therefore 
a wise  arrangement  by  which  we  have  State  govern- 
ments to  make  laws  for  the  States,  and  a National 
Government  to  make  laws  for  the  nation. 

The  State  governments  have  certain  duties  to  per- 
form in  relation  to  the  National  government.  They 
make  laws  providing  for  and  regulating  the  election 
of  representatives  and  senators  in  Congress,  and  for 
the  choice  of  presidential  electors.  They  also  deter- 
mine the  qualifications  of  the  electors  for  representa- 
tives in  Congress. 

All  the  States  are  divided  into  counties,  except 
South  Carolina,  which  is  divided  into  districts;  and 
Louisiana,  which  is  divided  into  parishes.  In  each 
county,  there  is  a county  seat  where  courts  are  held, 
and  an  office  kept  for  recording  deeds  and  other  legal 
documents. 

In  some  of  the  States,  the  officers  of  the  county 


THE  SCIENCE  OF  GOVERNMENT. 


217 


possess  power  to  legislate  in  some  matters  pertaining 
to  the  county.  In  the  State  of  New  York,  the  board 
of  supervisors,  elected  by  the  towns,  possess  certain 
legislative  powers. 

The  New  England  States,  New  York,  and  some 
other  States,  are  divided  into  townships,  having  cer 
tain  political  powers.  The  inhabitants  meet  annually 
and  elect  town  officers,  lay  taxes,  and  make  regula- 
tions in  regard  to  local  matters. 

The  legislatures  of  the  States  incorporate  boroughs 
and  cities.  To  incorporate  a borough  or  city,  is  to 
give  it  a charter  conferring  certain  specified  powers. 
All  our  large  cities  are  thus  incorporated,  and  have  a 
city  government  in  addition  to  that  of  the  county  and 
State.  Thus  the  city  of  New  York  has,  for  some  ob- 
jects, a government  of  its  own — forms,  as  it  were,  a 
State  within  a State. 

By  the  charter  of  New  York,  certain  legislative 
powers  are  vested  in  a board  of  aldermen  and  a board 
of  councilmen,  which  together  constitute  the  common 
council.  The  board  of  aldermen  consists  of  seventeen 
members,  who  are  chosen  by  the  people  for  two  years, 
and  the  board  of  councilmen  consists  of  twenty-four 
members  chosen  for  one  year. 

The  common  council  have  power  to  make  ordi- 
nances or  laws  for  the  well-being  of  the  city,  to  make 
appropriations  for  every  branch  and  object  of  city 


218 


THE  SCIENCE  OF  GOVERNMENT. 


expenditure.  Taxes  are  laid  by  the  Board  of  Super* 
visors. 

Every  legislative  act  must  receive  the  votes  of  a 
majority  in  both  boards,  when  it  must  be  presented 
to  the  mayor  for  his  approval.  If  he  give  it  his  sig- 
nature, it  becomes  a law.  If  he  veto  it,  it  may  be- 
come a law  by  receiving  the  votes  of  two-thirds  of 
both  boards. 

The  members  of  the  common  council  receive  as 
compensation  for  their  services  $2,000  a year. 

The  executive  power  of  the  corporation  is  vested 
in  the  mayor,  and  in  the  executive  departments.  The 
mayor  is  elected  by  the  people  for  two  years.  The 
heads  of  the  executive  departments,  excepting  the 
Croton  Aqueduct  board,  the  counsel  to  tne  corporation, 
and  the  comptroller,  are  appointed  by  the  mayor,  with 
the  advice  and  consent  of  the  board  of  aldermen,  for 
four  years.  They  may  be  removed  from  office  by  the 
governor  of  the  State  for  certain  causes,  and  in  a man- 
ner set  forth  by  an  act  of  the  legislature. 

The  executive  departments  are — 

1.  The  department  of  finance,  of  which  the  comp- 
troller is  the  chief  officer.  2.  The  street  department, 
of  which  the  street  commissioner  is  the  chief  officer. 
3.  The  law  department,  of  which  the  counsel  to  the 
corporation  is  the  chief  officer.  4.  The  Croton  Aque- 
duct, of  which  the  Croton  Aqueduct  board,  consisting 
of  the  president,  engineer,  and  assistant  commissioner, 


THE  SCIENCE  0E  GOVERNMENT. 


219 


arc  the  chief  officers.  5.  The  almshouse  department, 
of  which  the  governors  of  the  almshouse  are  the  chief 
officers. 

The  city  chamberlain  is  appointed  by  the  mayor, 
with  the  consent  of  the  board  of  aldermen,  lie  re- 
ceives  all  moneys  paid  into  the  treasury  of  the  city, 
and  disburses  it  on  warrants  drawn  by  the  comptroller, 
and  countersigned  by  the  mayor  and  clerk  of  the 
common  council. 

The  charter  makes  no  provision  for  a judiciary 
distinct  from  that  of  the  county  and  the  State.  The 
judges  who  hold  courts  in  the  city  are  elected  by  the 
people  in  accordance  with  the  laws  of  the  State. 

All  the  large  cities  of  the  Union  have  charter 
governments  similar  to  that  of  New  York. 


CHAPTER  XX 


INTERNATIONAL  LAW. 

A nation'  is  composed  of  individuals.  Each  in* 
dividual  is  a moral  being.  In  bis  conduct  as  a citizen 
he  is  bound  by  the  law  of  rectitude.  Hence  the  nation 
is  bound  by  the  law  of  rectitude. 

The  nations  of  the  earth  must  have  intercourse  with 
each  other.  That  intercourse  must  be  regulated  by 
certain  rules.  The  rules  that  regulate  the  intercourse 
of  nations  constitute  international  law.  That  law 
should  consist  of  rules  prescribed  by  justice.  It  does 
consist  of  the  rules  that  have  received  the  assent  of  all 
the  nations  of  Christendom. 

International  law  is  not  the  result  of  legisla- 
tive enactment.  There  is  no  international  legislature 
to  make  laws,  no  international  judiciary  to  interpret 
them,  and  no  international  executive  to  enforce  them. 
The  usages  with  respect  to  national  intercourse,  recog- 
nized by  all  Christian  nations,  form  the  body  of  what 
is  termed  international  law.  These  laws  have  no 


THE  SCIENCE  OF  GOVERNMENT. 


221 


specific  penalties  attached  to  their  violation.  They 
are  placed  under  the  protection  of  public  opinion. 
The  remedy  in  case  of  violation  is  war. 

The  following  are  some  of  the  recognized  principles 
or  rules  of  international  law : 

“ Nations  are  equal  in  respect  to  each  other,  and 
entitled  to  claim  equal  consideration  for  their  rights, 
whatever  may  be  their  relative  dimensions  or  strength, 
or  however  greatly  they  may  differ  in  government, 
religion,  or  manners.”  Hence  no  nation  has  a right  to 
interfere  in  the  domestic  concerns  of  any  other  nation. 
Each  nation  may  manage  its  affairs  as  it  pleases,  pro- 
vided it  does  not  infringe  on  the  rights  of  other 
nations.  It  may  change  its  government  for  a better 
one  or  for  a worse  one,  as  it  pleases.  It  may  cease  to 
have  commercial  intercourse  with  one  nation  or  with 
all  nations,  and  it  may  grant  to  one  nation  greater 
privileges  than  it  grants  to  other  nations. 

If  it  pursues  a course  adapted  to  injure  a nation, 
that  nation  may  take  measures  to  prevent  the  threat- 
ened injury.  If  the  government  of  a country  should 
outrage  humanity  in  the  treatment  of  its  subjects, 
then  intervention  in  behalf  of  humanity  would  be  law^- 
ful.  On  this  principle,  Great  Britain,  France,  and 
Russia  interfered  in  favor  of  the  Greeks  against  the 
Turks  in  1827,  and  brought  to  a close  a cruel  war,  and 
secured  the  independence  of  Greece. 

One  nation  is  not  to  judge  as  to  the  legitimacy  of 


222 


THE  SCIENCE  OE  GOVERNMENT. 


tlie  government  of  another  nation.  It  is  hound  to 
regard  the  existing  government,  the  government  de- 
facto,  no  matter  by  what  means  it  came  into  power, 
as  the  lawful  government. 

Changes  that  may  take  place  in  the  government 
of  a nation  dc  not  affect  its  relations  to  other 
nations.  Treaties  formed  with  a nation  under  a 
kingly  government  remain  in  force  though  that  king- 
ly government  be  changed  for  a democracy.  The 
United  States  borrowed  money  from  the  royal  govern- 
ment of  France.  It  paid  it  to  the  revolutionary 
government.  The  debt  was  due,  not  to  the  king  or  to 
the  Directory,  but  to  the  French  nation. 

A nation  has  exclusive  jurisdiction  over  all  its 
territory,  including  the  rivers  and  lakes  lying  wholly 
within  it,  and  the  adjoining  sea  to  the  extent  of  a 
marine  league  from  the  shore.  It  has  a right  to  try 
and  punish  according  to  its  own  laws  crimes  com- 
mitted on  its  territory,  whoever  may  be  the  per- 
petrator. 

The  open  sea  is  the  common  property  of  all  nations. 
It  is  the  common  highway  of  nations.  Each  nation 
has  exclusive  jurisdiction  over  its  vessels  on  the  high 
seas. 

When  a river  separates  two  countries,  the  dividing 
dne  runs  along  the  centre  of  the  channel.  Both 
nations  have  a right  to  use  its  waters  for  purposes  of 
navigation. 


THE  SCIENCE  OF  GOVERNMENT.  22o 

When  a navigable  river  rises  in  one  country  and 
flows  through  another  in  its  passage  to  the  sea,  the 
inhabitants  of  the  upper  country  have  a right  to  the 
navigation  of  the  river  to  the  sea,  under  such  regula- 
tions as  may  be  necessary  to  the  safety  of  the  lowei 
country. 

Foreigners  resident  in  a country  are  subject  to  its 
laws.  They  are  entitled  to  protection,  and  if,  while 
permitted  to  remain,  they  are  oppressed,  their  native 
country  would  have  to  seek  redress  in  their  behalf. 
They  can  claim  protection  and  justice,  though  they 
cannot  claim  all  the  j^rivileges  of  citizens. 

The  following  persons  are  not  subject  to  the  laws 
in  the  land  of  their  temporary  sojourn  : 

1.  Sovereigns  and  their  attendants  travelling 
abroad.  2.  Ambassadors  and  the  members  of  their 
suite  and  family. 

Ambassadors  possess  immunity  from  the  jurisdic- 
tion of  the  country  in  which  they  reside,  both  criminal 
and  civil.  They  are  representatives  of  the  country 
from  which  they  are  sent,  and  are  subject  to  its  laws 
only.  Complete  independence  could  not  be  pos- 
sessed, if  they  were  not  exempted  from  all  responsi- 
bility to  the  laws  of  the  country  to  which  they  are 
sent,  and  complete  independence  is  necessary  to  a 
faithful  discharge  of  their  duty.  If  an  ambassadoi 
should  abuse  his  privileges  and  commit  crimes,  the 
government  to  which  he  is  accredited  may  demand 


224 


THE  SCIENCE  OF  GOVERNMENT. 


his  recall,  or  if  the  case  is  urgent,  may  require  him  to 
depart  within  a reasonable  time. 

3.  Officers  and  crews  of  public  armed  ships  m 
foreign  ports,  while  on  board  their  ships.  If  they  go 
on  shore  and  violate  the  laws,  they  may  be  arrested 
by  the  authorities  and  punished.  The  crews  of  mer- 
chant vessels  have  no  such  exemption. 

A government  may,  if  it  sees  fit,  refuse  to  receive 
an  ambassador;  the  refusal  would  not  be  a just  cause 
for  war. 

Treaties  are  made  by  ambassadors  acting  under 
instructions  from  their  government.  After  the  treaty 
has  been  signed  by  the  ambassador,  it  must  be  ratified 
by  the  sovereign  or  government  which  he  represents. 
The  sovereign  or  government  may  refuse  to  ratify  the 
treaty,  though  the  ambassador  in  making  it  may  have 
adhered  strictly  to  his  instructions. 

When  a treaty  has  been  violated  by  one  of  the 
parties,  the  other  party  is  released  from  obligation  to 
observe  it. 

If  a nation  has  been  treated  unjustly  by  another 
nation,  and  redress  is  refused,  resort  may  be  had  to  war. 
“ War,”  says  Chancellor  Kent,  “is  not  to  be  resorted 
to  without  absolute  necessity,  nor  unless  peace  would 
be  more  dangerous  and  more  miserable  than  war 
Kself.  An  injury  to  an  individual  member  of  a State 
is  a just  cause  of  war,  if  redress  be  refused ; but  a na- 
tion is  not  bound  to  go  to  war  on  so  slight  a founda- 


THE  SCIENCE  OF  GOVERNMENT.  225 

fcion,  for  it  may  of  itself  grant  indemnity  to  the 
injured  party,  and  if  this  cannot  be  done,  yet  the  good 
of  the  whole  is  to  be  preferred  to  the  welfare  of  a 
part.  Every  milder  method  of  redress  is  to  be  triec 
before  the  nation  makes  an  appeal  to  arms.” 

A formal  declaration  of  war,  and  notice  thereof  o 
the  enemy  before  the  commencement  of  hostilitk  , is 
not  necessary.  After  a declaration  within  its  own 
territory,  and  to  its  own  subjects,  a nation  may  at 
once  commence  hostilities. 

A state  of  war  renders  all  commercial  intercourse 
between  the  citizens  of  the  nations  ua  war,  unlawful. 
All  trading  with  the  enemy  is  a crime,  unless  the 
government  has  granted  the  parties  a special  li- 
cense for  so  doing. 

In  case  of  an  invasion,  private  persons  making  no 
resistance  are  not  to  be  molested,  and  private  prop- 
erty is  not  be  confiscated. 

The  government  which  declares  war  can  neither 
detain  those  subjects  of  the  enemy  who  are  in  its  do- 
minions at  the  time  of  the  declaration  of  war,  nor 
their  effects.  They  can  remain  during  good  behav- 
or,  and  retain  their  property,  unless  formal  notice 
with  adequate  time,  is  given  them  to  withdraw  their 
persons  and  property.  They  must  not,  however,  carry 
on  any  trade  with  the  hostile  country.  Permission 
thus  to  remain  is  often  made  the  subject  of  treaty 
stipulation. 


10* 


220 


THE  SCIENCE  OF  GOVERNMENT. 


The  Supreme  Court  of  the  United  States  has  de- 
cided that  an  enemy’s  property  found  in  the  country 
when  war  takes  place,  is  liable  to  confiscation,  but 
Shat  a legislative  act  is  necessary  before  such  prop- 
erty can  be  judicially  condemned.  No  such  act  has 
ever  been  passed  by  the  Congress  of  the  United 
States. 

Debts  due  to  the  subjects  of  an  enemy,  and  money 
in  the  public  funds,  are  by  modern  usage  exempted 
from  confiscation.  The  decision  of  the  Supreme  Court 
places  them  on  the  same  ground  as  other  property.  It 
regards  them  as  liable  to  confiscation  by  a legislative 
act. 

If  a person  goes  into  a foreign  country  and  en- 
gages in  trade  there,  international  law  regards  him  as 
a merchant  of  that  country.  Hence,  in  time  of  war, 
he  is  subject  to  the  same  commercial  rules  with  respect 
to  the  enemy,  to  which  native  born  citizens  are  sub- 
ject. 

An  enemy’s  property  at  sea  is  liable  to  capture  and 
confiscation.  It  may  be  captured  by  the  national 
ships  of  war,  or  by  private  vessels  commissioned  by 
the  government. 

Property  sailing  under  the  flag  and  pass  of  an 
enemy,  though  it  be  the  property  of  a neutral,  is  liable 
to  be  confiscated. 

Property  which  belongs  to  one  of  the  belligerents 
at  the  commencement  of  a voyage,  cannot  be  trans* 


THE  SCIENCE  OF  GOVERNMENT. 


22V 


ferred  to  a neutral  during  the  voyage,  so  as  to  protect 
it  from  capture.  “ During  peace  a transfer  in  transitu 
may  be  made ; but  when  war  is  existing  or  impending, 
the  belligerent  rule  applies,  and  the  ownership  of  the 
property  is  deemed  to  continue  as  it  was  at  the  time 
of  the  shipment,  until  actual  delivery.” 

Privateering,  though  authorized  by  international 
law,  is  liable  to  great  abuse.  In  a treaty  made  be- 
tween the  United  States  and  Prussia  in  1785,  it  was 
stipulated  that  privateering  should  be  abolished  be- 
tween the  two  countries.  This  treaty  expired  in  1799, 
when  the  article  in  regard  to  privateering  was  not  re- 
newed. In  1856,  a treaty  was  formed  between  France, 
Great  Britain,  Sardinia,  and  Turkey,  on  the  one  hand, 
and  Russia  on  the  other,  Austria  and  Prussia  being 
concurrent  parties.  These  powers  united  in  a declara- 
tion that  ‘'privateering  is,  and  remains  abolished.” 
Other  States  were  invited  to  adopt  the  principles  of 
this  declaration.  The  government  of  the  United 
States,  through  lion.  William  L.  Marcy,  then  Secretary 
of  State,  answered  that  it  would  agree  to  an  arrange- 
ment by  which  private  property  at  sea  should  be  put 
on  the  same  footing  as  private  property  on  land — that 
is,  that  private  property  at  sea,  unless  contraband  of 
war,  should  be  exempted  from  seizure  by  public  armed 
vessels  of  the  enemy.  “ With  this,”  said  Mr.  Marcy 
“ we  will  consent  to  the  placing  of  privateering  undei 
the  ban  of  the  law  of  nations.” 


£28 


THE  SCIENCE  OF  GOVEKNMENT. 


All  captured  property  must  be  brought  into  port 
and  condemned  by  a prize  court  sitting  in  the  country 
of  the  captor,  or  of  an  ally,  before  it  can  be  appropri 
ated  by  the  captor. 

If  property  taken  by  an  enemy  is  recaptured,  it 
does  not  become  the  property  of  the  recaptor,  but  is, 
on  certain  conditions,  restored  to  the  original  owner. 

When  two  or  more  nations  are  engaged  in  war, 
other  nations  are  bound  to  maintain  an  impartial 
neutrality.  The  neutral  is  not  to  decide  which  party 
is  in  the  wrong,  and  must  furnish  no  aid  to  one  party 
which  it  is  not  equally  ready  to  furnish  to  the  other. 
Antecedent  engagements  with  one  of  the  parties  may 
be  fulfilled,  provided  those  engagements  do  not  re- 
quire the  neutral  nation  to  become  a party  to  the 
war. 

Neutral  nations  may  carry  on  their  ordinary  com- 
merce unmolested,  with  the  exception  that  they  must 
not  deal  in  articles  contraband  of  war.  A neutral 
ship  may  carry  goods  belonging  to  the  enemy.  The 
ship  may  be  interrupted  in  her  voyage,  and  the  hostile 
property  seized.  In  such  cases,  neither  the  ship  nor 
the  neutral  property  on  board  are  subject  to  confisca- 
tion. 

Neutral  property  found  in  the  vessels  of  enemies 
is  not  subject  to  confiscation.  The  same  is  true  of  the 
property  of  belligerents  when  within  neutral  juri* 
diction. 


THE  SCIENCE  OF  GOVERNMENT. 


229 


Neutrals  are  prohibited  from  carrying  articles  con- 
traband of  war.  All  warlike  stores  and  other  articles 
directly  auxiliary  to  warlike  purposes  are  contraband 
of  war.  Provisions  are  not  generally  contraband,  but 
may  become  so  “ on  account  of  the  particular  situar 
ion  of  the  war,  or  on  account  of  the  destination.” 

Neutrals  are  prohibited  from  trading  with  ports 
that  are  under  blockade ; an  attempt  to  violate  the 
blockade  subjects  the  vessel  and  cargo  to  confiscation. 

The  blockade  must  be  an  actual,  not  a mere  paper 
blockade,  that  is,  a blockade  by  proclamation  and  not 
supported  by  adequate  force.  A competent  force 
must  be  stationed  near  or  at  the  entrance  of  the 
port. 

Neutrals  must  have  due  notice  of  the  existence  of 
the  blockade.  The  fact  of  sailing  for  a blockaded 
port  is  innocent,  unless  it  be  accompanied  with  knowl- 
edge of  the  blockade.  If,  while  on  her  course,  the 
vessel  is  informed  of  the  blockade,  an  attempt  to  enter 
it  renders  her  liable  to  confiscation.  Sailing  for  a 
blockaded  port,  knowing  it  to  be  blockaded,  in  itself 
constitutes  a breach  of  the  blockade. 

Neutral  vessels  in  the  port  at  the  time,  the  blockade 
is  declared  are  allowed  to  depart  with  goods  pre- 
viously purchased. 

A vessel  having  violated  the  blockade  is  liable  to 
capture  till  the  return  voyage  is  at  an  end.  She  can- 
not be  captured  during  a second  voyage  for  an  offence 


£30 


THE  SCIENCE  OF  GOVERNMENT. 


committed  during  tlie  first.  If  a vessel  is  captured  at 
sea,  and  it  subsequently  appears  that  the  blockade  was 
raised  previously  to  her  capture,  she  is  to  be  dis- 
charged. 

Neutrals  are  prohibited  from  carrying  hostile  de- 
spatches. The  penalty  for  carrying  hostile  despatches 
is  the  confiscation  of  the  ship  and  also  of  the  cargo, 
provided  the  cargo  be  the  property  of  the  proprietor 
of  the  ship,  or  provided  the  owners  of  the  cargo  knew 
and  approved  of  the  act  of  the  captain  in  carrying  the 
despatches. 

In  time  of  war,  public  armed  vessels  of  the  bellig- 
erents may  visit  and  search  the  vessels  of  neutrals,  in 
order  to  determine  whether  property  or  despatches  of 
the  enemy  or  contraband  goods  are  on  board.  This  is 
exclusively  a war  right,  and  does  not  exist  in  times  of 
peace.  The  right  of  search  is  confined  to  merchant 
vessels,  and  does  not  extend  to  public  ships  of  war. 

The  right  of  search  exists  also  with  reference  to 
the  revenue  laws  of  a country.  A vessel  of  a friendly 
State,  within  waters  under  the  jurisdiction  of  a nation, 
may  be  boarded  and  searched  on  suspicion  of  violating 
the  revenue  laws.  If  the  vessel  attempts  to  escape, 
she  may  be  chased  into  the  high  seas,  and,  if  overtaken, 
searched. 

Public  vessels  may  exercise  the  right  of  search  on 
suspicion  of  piracy,  except  in  the  waters  of  another 
State. 


THE  SCIENCE  OF  GOVERNMENT. 


231 


A truce  or  armistice  is  a temporary  suspension  of 
tlie  operations  of  war.  “A  general  truce  can  be 
made  only  by  the  sovereign  power,  or  its  agents  spe- 
cially employed  for  this  purpose.  A special  or  par 
tial  truce  may  be  concluded  according  to  the  usage  of 
nations  by  a military  officer,  even  by  a subordinate  one 
within  his  district.”  * During  the  truce  “ nothing  can 
be  done  to  the  prejudice  of  either  party  by  the  othe^ 
which  could  have  been  prevented  in  war.” 

A treaty  is  a contract  between  two  or  more  na- 
tions. Each  nation  determines  for  itself  in  whose 
hands  the  treaty-making  power  shall  be  placed. 
Treaties  in  order  .to  be  binding  must  be  signed  by 
those  negotiating  them,  and  ratified  according  to  the 
requirements  of  the  respective  governments  of  the 
nations  entering  into  treaty.  “ A treaty  made  by  a 
minister  abroad,  when  ratified  by  his  sovereign,  relates 
back  to  the  time  of  signing.  If  one  party  violates 
the  stipulations  of  a treaty,  the  other  is  absolved  from 
obligation  to  observe  it. 

“ A treaty  of  peace  leaves  every  thing  in  the  state 
in  which  it  finds  it,  if  there  be  no  express  stipulation 
on  the  subject.  If  nothing  be  said  in  the  treaty  of 
peace  about  the  conquered  country  or  places,  they 
remain  with  the  possessor,  and  his  title  cannot  after- 
wards be  called  in  question.”  f 

Piracy  is  forbidden  by  the  law  of  nations.  Piracy 


Woolsey. 


f Kent 


2 32 


THE  SCIENCE  OF  GOVERNMENT, 


is  an  offence  against  all  nations,  and  is  punishable  by 
all.  The  African  slave  trade  is  declared  to  be  piracy 
by  the  statute  laws  of  England  and  the  United  States 
As  all  the  nations  of  Christendom  have  not  united  ii 
declaring  it  piracy,  it  is  not  so  regarded  by  the  law  of 
nations. 

International  law  is  recognized  in  the  legislation 
of  nations.  Each  nation  has  laws  rendering  its  viola- 
tion penal.  According  to  Blackstone,  it  is  in  England 
held  to  be  a part  of  the  law  of  the  land.  The  United 
States,  by  acts  of  Congress  and  by  judicial  decisions, 
have  endeavored  to  maintain  its  obligations. 


CHAPTER  XXL 


DIFFERENT  KINDS  OF  LAW. 

Ditine  aw  is  the  will  of  God.  His  will  is  obliga- 
tory on  men  as  moral  beings  in  whatever  way  it  may 
be  made  known.  It  is  made  known  to  us  by  the  ex- 
ercise of  our  moral  faculties  and  by  revelation.  This 
law  is  also  termed  the  moral  law,  the  law  of  rectitude, 
and  the  law  of  nature.  All  other  kinds  of  law  should 
be  conformed  to  it.  No  law  should  ever  enjoin  or 
permit  that  which  is  not  in  accordance  with  the  law 
of  God — that  which  is  not  right. 

Constitutional  Law  is,  as  we  have  seen,  a system  of 
fundamental  rules  for  the  government  of  a nation,  de- 
termining the  form  of  the  government  and  the  extent 
ol  its  powers. 

Inteniational  Law,  called  also  the  law  of  nations, 
is,  as  ha*  been  stated  and  illustrated  in  a former 
chapter,  a system  of  rules  assented  to  by  all  the 
nations  of  Christendom  for  the  regulation  of  their  in- 
tercourse in  peace  and  in  war. 


234 


THE  SCIENCE  OF  GOVERNMENT. 


Municipal  Law  is  a rule  of  civil  conduct  prescribed 
by  the  supreme  power  in  a State.  “ Municipal  law  is 
composed  of  written  and  unwritten,  01  of  statute  and 
common  law.” 

Statute  Law  is  “the  express  written  will  of  the 
legislature,  rendered  authentic  by  certain  prescribed 
forms  and  ceremonies.” 

“ The  Common  Law,”  says  Burrill,  is  “ that  branch 
of  the  law  of  England  which  does  not  owe  its  origin 
to  parliamentary  enactment — being  a collection  of 
customs,  rules,  and  maxims,  which  have  acquired  the 
force  of  law  by  immemorial  usage  recognized  and  de- 
clared by  judicial  decisions.” 

“ A great  proportion  of  the  rules  and  maxims 
which  constitute  the  immense  code  of  the  common 
law,”  says  Kent,  “ grew  into  use  by  gradual  adoption, 
and  received  from  time  to  time  the  sanction  of  the 
courts  of  justice  without  any  legislative  act  or  inter- 
ference. It  was  the  application  of  the  dictates  of 
natural  justice  and  of  cultivated  reason  to  particular 
cases.”  In  the  just  language  of  Sir  Matthew  Hale,  the 
common  law  of  England  is  “ not  the  product  of  the 
wisdom  of  some  one  man  or  society  of  men  in  any  one 
age,  but  of  the  wisdom,  counsel,  experience,  and  ob- 
eci  ration  of  many  ages  of  wise  and  observing  men.’ 
“But  though  the  great  body  of  the  common  law  con- 
sists of  a collection  of  principles  to  be  found  in  the 
opinions  of  sages  or  deduced  from  universal  and  im 


THE  SCIENCE  OP  GOVERNMENT. 


235 


mem<  rial  usage,  and  receiving  progressively  the  sanc- 
tion of  the  courts,  it  is  nevertheless  true  that  the  com- 
mon Law,  so  far  as  it  is  applicable  to  our  situation  and 
government,  has  been  recognized  and  adopted  as  one 
entire  system  by  the  constitutions  of  Massachusetts, 
New  York,  New  Jersey,  and  Maryland.  It  has  been 
assumed  by  the  courts  of  justice  or  declared  by 
statutes,  with  like  modification,  as  the  law  of  the  land 
in  every  State.  It  was  imported  by  our  colonial  an- 
cestors as  far  as  it  was  applicable,  and  sanctioned  by 
royal  charters  and  colonial  statutes.  It  is  also  the  es- 
tablished doctrine  that  English  statutes  passed  before 
the  emigration  of  our  ancestors,  and  applicable  to  our 
situation,  and  in  amendment  of  the  law,  constitute  a 
part  of  the  common  law  of  this  country.” 

The  Civil  Law  is  the  Roman  law  as  comprised  in 
the  Code,  Institutes,  Pandects,  and  Novels  of  Justinian 
and  his  successors. 

“ The  Code,  in  twelve  books,  is  a collection  of  all 
the  imperial  statutes  that  were  thought  worth  preserv- 
ing from  Hadrian  to  Justinian.” 

The  Institutes  or  elements  of  Roman  law,  in  four 
books,  contain  the  fundamental  principles  of  the  an- 
cient law  in  a small  body,  for  the  use  and  benefit  of 
students  at  law. 

The  Pandects  are  an  abridgment,  in  filly  books, 
of  the  decisions  of  praetors  and  the  writings  and 
opinions  of  the  ancient  sages  in  the  law.  This  work 


236 


THE  SCIENCE  OF  GOVERNMENT. 


is  supposed  to  contain  the  embodied  wisdom  of  the 
Roman  people  in  civil  jurisprudence  for  nearly  twelve 
hundred  years. 

The  Novels  of  Justinian  are  a collection  of  impe 
rial  statutes  passed  subsequent  to  the  date  of  the  Code, 
and  intended  to  supply  the  omissions  and  correct  the 
errors  of  the  preceding  publications.  “ The  great 
body  of  the  Roman  or  civil  law,”  says  Kent,  “ was 
collected  and  digested  by  order  of  the  Emperor 
Justinian  in  the  former  part  of  the  sixth  century. 
That  compilation  has  come  down  to  modern  times, 
and  the  institutions  of  every  part  of  Europe  have 
felt  its  influence,  and  it  has  contributed  largely  by  the 
richness  of  its  materials  to  their  character  and  im 
provement.  With  most  of  the  European  nation?  and 
m the  new  States  in  Spanish  America,  in  the  pre  , ince 
of  Lower  Canada,  and  in  one  of  the  United  I itates 
[Louisiana]  it  constitutes  the  principal  basis  oi  their 
unwritten  or  common  law.  It  exerts  a very  consider- 
able influence  upon  our  own  municipal  law,  an  l par- 
ticularly on  those  branches  of  it  which  are  of  equity 
and  admiralty  jurisdiction,  or  fall  within  the  cogni- 
zance of  the  surrogates’  or  consistorial  courts.” 

“The  history  of  the  venerable  system  of  the  civil 
law’  is  peculiarly  interesting.  It  was  created  and 
gradually  matured  on  the  banks  of  the  Tiber  by  the 
successive  wisdom  of  Roman  statesmen,  magistrate^ 
and  sages,  and  after  governing  the  greatest  people 


THE  SCIENCE  OF  GOVERNMENT.  23^ 

the  ancient  world  for  the  space  of  thirteen  or  fourteen 
centuries,  and  undergoing  extraordinary  vicissitudes 
after  the  fall  of  the  Western  Empire,  it  was  revived, 
admired,  and  studied  in  modern  Europe  on  account  of 
the  variety  and  excellence  of  its  general  principles. 
It  is  now  taught  and  obeyed  not  only  in  France, 
Spain,  Germany,  Holland,  and  Scotland,  but  in  the 
islands  of  the  Indian  Ocean  and  on  the  banks  of  the 
Mississippi  and  the  St.  Lawrence.  So  true,  it  seems, 
are  the  words  of  D’Aguesseau,  that  “ the  grand  destinies 
of  Rome  are  not  yet  accomplished  ; she  reigns  through- 
out the  world  by  her  reason,  after  having  ceased  to 
reign  by  her  authority.” 

The  Canon  Law  is  a collection  of  ordinances  for 
the  regulation  of  the  polity  and  discipline  of  the 
Church  of  Rome,  consisting  for  the  most  part  of  or- 
dinances of  general  and  provincial  councils,  decrees 
promulgated  by  the  popes  with  the  sanction  of  the 
cardinals,  and  decretal  epistles  and  bulls  of  the 
popes.”* 

By  a statute  of  Henry  VIII.,  a portion  of  the  canon 
law  has  authority  in  England.  This,  together  with 
other  portions  of  the  ecclesiastical  law  of  England,  is 
administered  by  the  ecclesiastical  courts.  There  are 
four  ecclesiastical  courts  in  England ; an  appeal  lies 
from  them  to  the  Privy  Council.  There  are  no  eccle- 
siastical law  courts  in  the  United  StaW 


* Burrifl. 


238 


THE  SCIENCE  OF  GOVERNMENT. 


Martial  Law  is  a system  of  rules  for  the  go\  era m out 
of  an  army.  When  martial  law  is  proclaimed  in  a 
city  or  district,  the  will  of  the  military  commander 
becomes  the  supreme  law.  The  civil  authority  and 
ordinary  administration  of  the  law  are  either  wholly 
suspended  or  subjected  to  military  power.  Military 
law  is  administered  by  Courts  Martial. 

Parliamentary  Law  is  a system  of  rules  for  regu- 
lating the  proceedings  of  legislative  and  other  deliber- 
ative bodies.  These  rules  were  originally  derived 
from  the  usages  of  the  British  Parliament,  and  have 
been,  with  some  modifications,  adopted  by  Congress 
and  the  State  legislatures,  and,  so  far  as  they  are  ap- 
plicable, by  all  public  assemblies. 

“ The  American  or  English  reader,”  says  Lieber, 
“ brought  up,  almost  from  early  youth,  in  an  acquaint- 
ance with,  and  in  many  respects  even  under  the  influ- 
ence of  the  parliamentary  law  and  usage — for  it  ex- 
tends to  our  very  schools — considers  many  things 
most  natural  and  hardly  worth  reflection,  which  never- 
theless required  ages  to  become  acknowledged,  and 
for  want  of  which  civil  liberty  or  the  expedition  of 
common  business  could  not  prosper.  All  usages  and 
laws  which  relate  to  debating  are  of  essential  im- 
portance to  liberty  itself,  and  they  must  be  considered 
as  one  of  the  safeguards  of  liberty  which  we  possess 
in  advance  of  the  ancients.  * * * The  whole  first 

French  Revolution  is  one  continued  melancholy  in- 


THE  SCIENCE  OF  GO  VEKNM  J/  /77  . 


239 


itance  of  the  want  of  this  law  and  imge.  For  a 
whole  week  tlie  members  would  deb  .tv,  'xnd  inflame 
one  another  wdthout  having  even  so  much,  as  a question 
before  the  house.” 

Dumont,  the  editor  of  Bentham’o  works,  relates 
an  instructive  anecdote: 

u These  primary  assemblies  (to  elect  deputies) 
were  at  a loss  how  to  organize  themselves  and  to 
make  an  election.  During  breakfast  at  Montreuil-sur- 
nver,  our  landlord  gave  us  an  account  of  the  tumult 
and  embarrassment  of  their  meetings;  two  or  three 
hours  had  been  lost  already  in  palavering  and  disor- 
der; a president,  a secretary,  ballots,  or  votes,  count- 
ing the  votes — all  this  was  unknown.  Dumont  and 
his  friends,  in  mere  joke,  drew  up  some  regulations. 
The  host,  delighted,  took  them,  and  when  Dumont 
arrived  at  Paris,  the  papers  bestowed  much  praise  on 
the  commune  of  Montreuil  on  account  of  the  greater 
order  with  which  the  election  had  been  carried  on 
than  anywhere  else  !” 

Every  assembly  is  at  liberty  to  adopt  its  own  rules 
of  proceeding,  subject  to  its  constitution,  if  it  have 
one;  but  the  same  rules,  so  far  as  they  are  applicable 
in  each  case,  have  been  very  generally  adopted  by  all 
parliamentary  bodies. 


CONSTITUTION 


or  TH® 

UNITED  STATES  OF  AMERICA 


Note  tsy  ttie  Publishers. — The  Constitution  and  Amend- 
ments are  here  printed  with  the  orthography,  punctuation,  and 
capitals  of  the  original  documents,  as  certified  to  by  the  Hon. 
William  H.  Seward,  Secretary  of  State.  The  figures,  however,  at 
the  heads  of  the  parts  of  the  sections  are  not  in  the  originals : 
they  are  here  used  for  convenience  in  reference. 


PREAMBLE. 

We,  the  People  of  the  United  States,  in  order  to 
form  a more  perfect  Union,  establish  Justice,  insure 
domestic  Tranquillity,  provide  for  the  common  defence, 
promote  the  general  Welfare,  and  secure  the  Blessings 
of  Liberty  to  ourselves  and  our  Posterity,  do  ordain 
and  establish  this  Constitution  for  the  United  States 
of  America. 

ARTICLE  I. 

Section  1. — (1.)  All  legislative  Powers  herein  granted 
©hall  be  vested  in  a Congress  of  the  United  States, 
which  shall  consist  of  a Senate  and  House  of  Reprs* 
Mntatives. 


COXY  nTUTION  OF  THE  UNITED  STATES. 


4\ 


Sec.  2. — (1.)  The  House  of  Representatives  shall  l>o 
composed  of  Members  chosen  every  second  Year  by 
the  People  of  the  several  States,  and  the  Electors  in 
each  State  shall  have  the  Qualifications  requisite  for 
Electors  of  the  most  numerous  Branch  of  the  State 
Legislature. 

(2.)  No  Person  shall  be  a Representative  who  shall  not 
have  attained  to  the  Age  of  twenty-five  Years,  and  been 
seven  Years  a Citizen  of  the  United  States,  and  who 
shall  not,  when  elected,  be  an  Inhabitant  of  that  state 
in  which  he  shall  be  chosen. 

(3.)  Representatives  and  direct  Taxes  shall  be  appor- 
tioned among  the  several  States  which  may  be  included 
within  this  Union,  according  to  their  respective  Num- 
bers, which  shall  be  determined  by  adding  to  the  whole 
Number  of  free  Persons,  including  those  bound  to  Service 
for  a Term  of  Years,  and  excluding  Indians  not  taxed, 
three  fifths  of  all  other  Persons.  The  actual  Enumera- 
tion shall  be  made  within  three  Years  after  the  first 
Meeting  of  the  Congress  of  the  United  States,  and 
within  every  subsequent  Term  of  ten  Years,  in  such 
Manner  they  as  shall  by  Law  direct.  The  Number  of 
Representatives  shall  not  exceed  one  L>r  every  thirty 
Thousand,  but  each  State  shall  hjve  at  Least  one  Rep- 
resentative; and  until  such  enumeration  shall  be  made, 
the  State  of  New  Hampshire  shall  be  entitled  to  chuse 
three,  Massachusetts  eight,  Rhode  Island  and  Provi- 
dence Plantations  one,  Connecticut  five,  New  York  six, 
New  Jersey  four,  Pennsylvania  eight,  Delaware  one, 
Maryland  six,  Virginia  ten,  North  Carolina  five,  South 
Carolina  five,  and  Georgia  three. 


242 


CONSTITUTION  OF  THE  UNITED  STATES. 


(4.)  When  vacancies  happen  in  the  Representation 
from  any  State,  the  Executive  Authority  thereof  shall 
issue  Writs  of  Election  to  fill  such  Vacancies. 

(5.)  The  House  of  Representatives  shall  chuse  their 
Speaker  and  other  Officers;  and  shall  have  the  sole 
Power  of  Impeachment. 

Sec.  3. — (1.)  The  Senate  of  the  United  States  shall 
be  composed  of  two  Senators  from  each  State,  chosen 
by  the  Legislature  thereof,  for  six  Years;  and  each  Sen- 
ator shall  have  one  Vote. 

(2.)  Immediately  after  they  shall  be  assembled  in  Con- 
sequence of  the  first  Election,  they  shall  be  divided  as 
equally  as  may  be  into  three  Classes.  The  Seats  of  the 
Senators  of  the  first  Class  shall  be  vacated  at  the  Expi- 
ration of  the  second  Year,  of  the  second  Class  at  the 
Expiration  of  the  fourth  Year,  and  of  the  third  Class 
at  the  Expiration  of  the  sixth  Year,  so  that  one  third 
may  be  chosen  every  second  Year;  and  if  Vacancies 
happen  by  Resignation,  or  otherwise,  during  the  Re- 
cess of  the  Legislature  of  any  State,  the  Executive 
thereof  may  make  temporary  Appointments  until  the 
next  Meeting  of  the  Legislature,  which  shall  then  fill 
such  Vacancies. 

(3.)  No  Person  shq^l  be  a Senator  who  shall  not  have 
attained  to  the  Age  of  thirty  Years,  and  been  nine 
Years  a Citizen  of  the  United  States,  and  who  shall 
not,  when  elected,  be  an  Inhabitant  of  that  State  foi 
which  he  shall  be  chosen. 

(4.)  The  Vice  President  of  the  United  States  shall  be 
President  of  the  Senate,  but  shall  have  no  Vote,  unlesa 
they  be  equally  divided. 


CONSTITUTION  OF  THE  UNITED  STATES. 


243 


(5.)  The  Senate  shall  chuse  their  other  Officers,  and 
also  a President  pro  tempore,  in  the  Absence  of  the 
Vice  president,  or  when  he  shall  exercise  the  Office  of 
President  of  the  United  States. 

(6.)  The  Senate  shall  have  the  sole  Power  to  try  all 
Impeachments.  When  sitting  for  that  Purpose,  they 
shall  be  on  Oath  or  Affirmation.  When  the  President 
of  the  United  States  is  tried,  the  Chief  Justice  shall 
preside:  And  no  Person  shall  be  convicted  without  the 
Concurrence  of  two  thirds  of  the  Members  present. 

(7.)  Judgment,  in  Cases  of  Impeachment  shall  not  ex- 
tend further  than  to  removal  from  Office,  and  Disqual- 
ification to  hold  and  enjoy  any  Office  of  honour,  Trust  or 
Profit  under  the  United  States:  but  the  Party  convicted 
shall  nevertheless  be  liable  and  subject  to  Indictment, 
Trial,  Judgment  and  Punishment,  according  to  Law. 

Sec.  4. — (1.)  The  Times,  Places  and  Manner  of  hold- 
ing Elections  for  Senators  and  Representatives,  shall  be 
prescribed  in  each  State  by  the  Legislature  thereof; 
but  the  Congress  may  at  any  time  by  Law  make  or 
alter  such  Regulations,  except  as  to  the  places  of  claus- 
ing Senators. 

(2.)  The  Congress  shall  assemble  at  least  once  in  every 
Tear,  and  such  Meeting  shall  be  oji  the  first  Monday  in 
December,  unless  they  shall  by  Law  appoint  a different 

Day. 

Sec.  5. — (1.)  Each  House  shall  be  the  Judge  of  theElec- 
tions,  Returns  and  Qualifications  of  its  own  Members, 
and  a Majority  of  each  shall  constitute  a Quorum  to  dc 
Business;  but  a smaller  Number  may  adjourn  from  day 
to  day,  and  may  be  authorized  to  compel  the  Attend- 


244 


CONSTITUTION  OF  THE  UNITED  STATES. 


ance  of  absent  Members,  in  sucli  Manner,  and  undei 
such  Penalties  as  each  House  may  provide. 

(2.)  Each  House  may  determine  the  Rules  of  its  Pro- 
ceedings. punish  its  Members  for  disorderly  Behaviour, 
and,  with  the  Concurrence  of  two  thirds,  expel  a Mem- 
ber. 

(3.)  Each  House  shall  keep  a Journal  of  its  Proceed- 
ings, and  from  time  to  time  publish  the  same,  excepting 
such  Parts  as  may  in  their  Judgment  require  Secrecy; 
and  the  Yeas  and  Nays  of  the  Members  of  either  House 
on  any  question  shall,  at  the  Desire  of  one  fifth  of  those 
Present,  be  entered  on  the  Journal. 

(4.)  Neither  House,  during  the  Session  of  Congress, 
shall,  without  the  Consent  of  the  other,  adjourn  for 
more  than  three  days,  nor  to  any  other  Place  than  that 
in  which  the  two  Houses  shall  be  sitting. 

Sec.  6. — (1.)  The  Senators  and  Representatives  shall 
receive  a Compensation  for  their  Services,  to  be  ascer- 
tained by  Law,  and  paid  out  of  the  Treasury  of  the 
United  States.  They  shall  in  all  Cases,  except  Treason, 
Felony  and  Breach  of  the  Peace,  be  privileged  from 
Arrest  during  their  Attendance  at  the  session  of  their 
respective  Houses,  and  in  going  to  and  returning  from 
the  same;  and  for. any  Speech  or  Debate  in  either 
House,  they  shall  not  be  questioned  in  any  other  Place. 

(2.)  No  Senator  or  Representative  shall,  during  the 
Time  for  which  he  was  elected,  be  appointed  to  any 
civil  Office  under  the  Authority  of  the  United  States, 
which  shall  have  been  created,  or  the  Emoluments 
whereof  shall  have  been  increased  during  such  time; 
and  no  Person  holding  any  Office  under  the  United 


CONSTITUTION  OF  THE  UNITED  STATES.  245 

States,  shall  be  a Member  of  either  House  during  his 
Continuance  in  Office. 

Sec.  7. — (1.)  All  Bills  for  raising  Revenue  shall  orig- 
inate in  the  House  of  Representatives;  but  the  Senate 
nay  propose  or  concur  with  Amendments  as  on  other 
Bills. 

(2.)  Every  Bill  which  shall  have  passed  the  House  of 
Representatives  and  the  Senate,  shall,  before  it  become 
a Law,  be  presented  to  the  President  of  the  United 
States;  If  he  approve  he  shall  sign  it,  but  if  not  he 
shall  return  it,  with  his  Objections  to  that  House  in 
which  it  shall  have  originated,  who  shall  enter  the  Ob- 
jections at  large  on  their  Journal,  and  proceed  to  recon- 
sider it.  If  after  such  Reconsideration  two  thirds  of 
that  House  shall  agree  to  pass  the  Bill,  it  shall  be  sent, 
together  with  the  Objections,  to  the  other  House,  by 
which  it  shall  likewise  be  reconsidered,  and  if  ap- 
proved by  two  thirds  of  that  House,  it  shall  become  a 
Law.  But,  in  all  such  Cases,  the  Votes  of  both  Houses 
shall  be  determined  by  yeas  and  Nays,  and  the  Names  of 
the  Persons  voting  for  and  against  the  Bill  shall  be  en- 
tered on  the  Journal  of  each  House  respectively.  If  any 
Bill  shall  not  be  returned  by  the  President  within  ten 
Days  (Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  Same  shall  be  a law,  in  like  Manner 
as  if  he  had  signed  it,  unless  the  Congress  by  their 
Adjournment  prevent  its  Return,  in  which  Case  it  shall 
not  be  a Law. 

(3.)  Every  Order,  Resolution,  or  Vote,  to  which  tho 
Concurreuco  of  the  Senate  and  House  of  Representa- 
tives may  be  necessary  (except  on  a question  of  Ad- 


246 


CONSTITUTION  OF  THE  UNITED  STATES. 


iournment)  shall  be  presented  to  the  President  of  the 
United  States;  and  before  the  Same  shall  take  Effect, 
shall  be  approved  by  him,  or  being  disapproved  by  him, 
shall  be  repassed  by  two  thirds  of  the  Senate  and  House 
cf  Representatives,  according  to  the  Rules  and  Limita- 
tions prescribed  in  the  Case  of  a bill. 

Sec.  8. — The  Congress  shall  have  Power 

(1.)  To  lay  and  collect  Taxes,  Duties,  Imposts  and  Ex 
cises,  to  pay  the  Debts  and  provide  for  the  common 
Defence  and  general  Welfare  of  the  United  States;  but 
all  Duties,  Imposts  and  Excises  shall  be  uniform 
throughout  the  United  States; 

(2.)  To  borrow  Money  on  the  credit  of  the  United 
States; 

(3.)  To  regulate  Commerce  with  foreign  Nations,  and 
among  the  several  States,  and  with  the  Indian  Tribes; 

(4.)  To  establish  an  uniform  Rule  of  Naturalization, 
and  uniform  Laws  on  the  subject  of  Bankruptcies 
throughout  the  United  Slates; 

(5.)  To  coin  Money,  regulate  the  Value  thereof,  and  of 
foreign  Coin,  and  fix  the  Standard  of  Weights  and 
Measures; 

(6.)  To  provide  for  the  Punishment  of  counterfeiting 
the  Securities  and  current  Coin  of  the  United  States; 

(7.)  To  establish  Post  Offices  and  post  Roads; 

(8.)  To  promote  the  progress  of  Science  and  useful 
Arts,  by  securing  for  limited  Times  to  Authors  and  In- 
ventors the  exclusive  Right  to  their  respective  Writings 
aud  Discoveries; 

(9.)  To  constitute  Tribunals  inferior  to  the  supreme 
Court; 


CONSTITUTION  OF  THE  UNITED  STATES. 


24V 


(10.)  To  define  and  punish  Piracies  and  Felonies  com- 
mitted  on  the  high  Seas,  and  Offences  against  the  Law 
of  Nations; 

(11.)  To  declare  War,  grant  Letters  of  Marque  and 
Beprisal,  and  make  Rules  concerning  Captures  on  Land 
and  Water; 

(12.)  To  raise  and  support  Armies,  but  no  Appropria 
tion  of  Money  to  that  Use  shall  be  for  a longer  Term 
than  two  Years; 

(13.)  To  provide  and  maintain  a Navy; 

(14.)  To  make  Rules  for  the  Government  and  Regula- 
tion of  the  land  and  naval  Forces; 

(15.)  To  provide  for  calling  forth  the  Militia  to  execute 
the  Laws  of  the  Union,  suppress  Insurrections  and  re- 
pel Invasions; 

(16.)  To  provide  for  organizing,  arming,  and  disciplin- 
ing, the  Militia,  and  for  governing  such  Part  of  them 
as  may  be  employed  in  the  Service  of  the  United  States, 
reserving  to  the  States  respectively,  the  Appointment  of 
the  Officers,  and  the  Authority  of  training  the  Militia 
according  to  the  Discipline  prescribed  by  Congress; 

(17.)  To  exercise  exclusive  Legislation  in  all  Cases 
whatsoever,  over  such  District  (not  exceeding  ten  Miles 
square)  as  may,  by  Cession  of  particular  States,  and  the 
Acceptance  of  Congress,  become  the  Seat  of  Govern- 
ment of  the  United  Slates,  and  to  exercise  like  Author- 
ity over  all  Places  purchased  by  the  Consent  of  the 
Legislature  of  the  State  in  which  the  same  shall  be,  for 
the  Erection  of  Forts,  Magazines,  Arsenals,  Dock-Yards, 
and  other  needful  Buildings; — And 

(18.)  To  make  all  Laws  which  shall  be  necessary  and 


243  CONSTITUTION  OF  THE  UNITED  STATES. 

proper  for  carrying  into  execution  the  foregoing  Pow- 
ers, and  all  other  powers  vested  by  this  Constitution  in 
the  Government  of  the  United  Spates,  or  in  any  Depart- 
ment or  Officer  thereof. 

Sec.  9. — (i.)  The  Migration  or  Importation  of  such 
Persons  as  any  of  the  States  now  existing  shall  think 
proper  to  admit,  shall  not  be  prohibited  by  the  Con- 
gress prior  to  the  Year  one  thousand  eight  hundred  and 
eight,  but  a Tax  or  Duty  may  be  imposed  on  such  Im- 
portation, not  exceeding  ten  dollars  for  each  Person. 

(2.)  The  Privilege  of  the  Writ  of  Habeas  Corpus  shall 
not  be  suspended,  unless  when  in  Cases  of  Rebellion  or 
Invasion  the  public  Safety  may  require  it. 

(3.)  No  Bill  of  Attainder  or  ex  post  facto  Law  shall 
be  passed. 

(4.)  No  Capitation,  or  other  direct,  Tax  shall  be  laid, 
unless  in  Proportion  to  the  Census  or  Enumeration 
hereinbefore  directed  to  be  taken. 

(5. ) No  Tax  or  Duty  shall  be  laid  on  Articles  exported 
from  any  State. 

(6.)  No  Preference  shall  be  given  by  any  Kegulation  of 
Commerce  or  Revenue  to  the  Ports  of  one  State  over 
those  of  another:  nor  shall  Vessels  bound  to,  or  from, 
one  State,  be  obliged  to  enter,  clear,  or  pay  Duties  in 
another. 

(7.)  No  Money  shall  be  drawn  from  the  Treasury,  but 
in  Consequence  of  Appropriations  made  by  Law;  and  a 
regular  Statement  and  Account  of  the  Receipts  and  Ex- 
penditures of  all  public  Money  shall  be  published  from 
time  to  time. 

(8.)  No  Title  of  Nobility  shall  be  granted  by  the  United 


CONSTITUTION  OF  THE  UNITED  STATES. 


249 


States:  And  no  Person  holding  any  Office  of  Profit  or 
Trust  under  them,  shall,  without  the  Consent  of  the 
Congress,  accept  of  any  present,  Emolument,  Office,  01 
Title  of  any  hind  whatever,  from  any  King’  Prince,  o t 
foreign  State. 

Sec.  10.  — (1.)  No  State  shall  enter  into  any  Treaty,  A1 
iance,  or  Confederation;  grant  Letters  of  Marque  and 
Reprisal;  coin  Money;  emit  Bills  of  Credit;  make  any 
Thing  but  gold  and  silver  Coin  a Tender  in  Payment  of 
Debts;  pass  any  Bill  of  Attainder,  ex  post  facto  Law, 
or  Law  impairing  the  Obligation  of  Contracts;  or  grant 
any  Title  of  Nobility. 

(2.)  No  State  shall,  without  the  consent  of  the  Con- 
gress, lay  any  Imposts  or  Duties  on  Imports  or  Exports, 
except  what  may  be  absolutely  necessary  for  executing 
its  inspection  Laws:  and  the  net  Produce  of  all  Duties 
and  Imposts,  laid  by  any  State  on  Imports  or  Exports, 
shall  be  for  the  Use  of  the  Treasury  of  the  United 
States;  and  all  such  Laws  shall  be  subject  to  the  Revi- 
sion and  Controul  of  the  Congress. 

(3.)  No  State  shall,  without  the  Consent  of  Congress, 
lay  any  Duty  of  Tonnage,  keep  Troops,  or  Ships  of  War 
in  time  of  Peace,  enter  into  any  Agreement  or  Compact 
with  another  State,  or  with  a foreign  Power,  or  engage 
in  War,  unless  actually  invaded,  or  in  such  imminent 
Danger  as  will  not  admit  of  Delay. 

ARTICLE  II. 

Section  1. — (1.)  The  executive  Power  shall  be  vested 
in  a President  of  the  United  States  of  America.  He  shaT 


250  CONSTITUTION  OF  THE  UNITED  STATES. 

hold  his  Office  during  the  Term  of  four  Years,  ana, 
together  with  the  Vice  President,  chosen  for  the  same 
Term,  be  elected  as  follows 

(2.)  Each  State  shall  appoint,  in  such  Manner  as  the 
Legislature  thereof  may  direct,  a Number  of  Electors, 
equal  to  the  whole  Number  of  Senators  and  Represen- 
tatives  to  which  the  State  may  be  entitled  in  the  Con- 
gress: but  no  Senator  or  Representative,  or  Person 
holding  an  Office  of  Trust  or  Profit  under  the  United 
States,  shall  be  appointed  an  Elector. 

[3.  *The  Electors  shall  meet  in  tlieir  respective  States,  and 
vote  by  Eallot  for  two  Persons,  of  whom  one  at  least  shall  not  be 
an  Inhabitant  of  the  same  State  with  themselves.  And  they  shall 
make  a List  of  all  the  Persons  voted  for,  and  of  the  Number  of 
Votes  for  each  ; which  List  they  shall  sign  and  certify,  and  trans- 
mit sealed  to  the  Seat  of  the  Government  of  the  United  States, 
directed  to  the  President  of  the  Senate.  The  President  of  the 
Senate  shall,  in  the  Presence  of  the  Senate  and  House  of  Represen- 
tatives, open  all  the  Certificates,  and  the  Votes  shall  then  be 
counted.  The  Person  having  the  greatest  Number  of  Votes  shall 
be  the  President,  if  such  Number  be  a Majority  of  the  whole 
Number  of  Electors  appointed ; and  if  there  be  more  than  one 
who  have  such  Majority,  and  have  an  equal  Number  of  Votes, 
then  the  House  of  Representatives  shall  immediately  chuse,  by 
Ballot,  one  of  them  for  President ; and  if  no  Person  have  a Ma- 
jority, then,  from  the  five  highest  on  the  List,  the  said  House 
shall,  in  like  Manner,  chuse  the  President.  But,  in  chusing  the 
President,  the  Votes  shall  be  taken  by  States,  the  Representation 
from  each  State  having  one  Vote ; A Quorum  for  this  Purpose 
shall  consist  of  a Member  or  Members  from  two  thirds  of  the 
States,  and  a Majority  of  all  the  States  shall  be  necessary  to  a 
Choice.  In  every  Case,  after  the  Choice  of  the  President,  the 
Person  having  the  greatest  Number  of  Votes  of  the  Electors  shall 
be  the  Vice  President.  But  if  there  should  remain  two  or  more 
who  have  equal  Votes,  the  Senate  shall  chuse  from  them,  by  Bal 
lot,  the  Vice  President.] 


This  has  been  changed  by  Article  XII.  of  the  Amendments.  See  page  xxx. 


CONSTITUTION  OF  THE  UNITED  STATES. 


25! 


(4.)  Tlie  Congress  may  determine  the  Time  of  chusing 
the  Electors,  and  the  Day  on  which  they  shall  give  tlieii 
Votes;  which  Day  shall  be  the  same  throughout  the 
United  States. 

(5.)  No  Person  except  a natural  born  Citizen,  or  a Cit- 
izen of  the  United  States,  at  the  time  of  the  Adoption 
of  this  Constitution,  shall  be  eligible  to  the  Office  of 
President;  neither  shall  any  Person  be  eligible  to  that 
Office  who  shall  not  have  attained  to  the  Age  of  thirty 
five  Years,  and  been  fourteen  Years  a Resident  within 
the  United  States. 

(6.)  In  Case  of  the  Removal  of  the  President  from 
Office,  or  of  his  Death,  Resignation,  or  Inability  to  dis- 
charge the  Powers  and  Duties  of  the  said  Office,  the 
same  shall  devolve  on  the  Vice  President,  and  the  Con- 
gress may  by  Law  provide  for  the  Case  of  Removal, 
Death,  Resignation,  or  Inability,  both  of  the  President 
and  Vice  President,  declaring  what  Officer  shall  then 
act  as  President,  and  such  Officer  shall  act  accordingly, 
until  the  Disability  be  removed,  or  a President  shall  bo 
elected. 

(7.)  The  President  shall,  at  stated  Times,  receive  for 
his  Services,  a Compensation,  which  shall  neither  be  en- 
creased  nor  diminished  during  the  Period  for  which  he 
shall  have  been  elected,  and  he  shall  not  receive  within 
that  Period  any  other  Emolument  from  the  United 
States,  or  any  of  them. 

(8.)  Before  he  enter  on  the  Execution  of  his  Office, 
he  shall  take  the  following  Oath  or  Affirmation:  — 

“ I do  solemnly  swear  (or  affirm)  that  I will  faithfully 
execute  the  Office  of  President  of  the  United  States, 


Vo2 


COlfSTITUTION  OF  THE  UNITED  STATES. 


and  will  to  the  best  of  my  Ability,  preserve,  protect,  and 
defend  the  Constitution  of  the  United  Stages.” 

Sec.  2. — (1.)  The  President  shall  be  Commander  in 
Chief  of  the  Army  and  Navy  of  the  United  States,  and 
of  the  Militia  of  the  several  States,  when  called  into  the 
actual  Service  of  the  United  States;  he  may  require  the 
Opinion,  in  writing,  of  the  principal  Officer  in  each  of 
the  executive  Departments,  upon  any  Subject  relating 
to  the  Duties  of  their  respective  Offices,  and  he  shall 
have  Power  to  grant  Reprieves  and  Pardons  for  Of- 
fences against  the  United  States,  except  in  Cases  of 
Impeachment. 

(2.)  He  shall  have  Power,  by  and  with  the  Advice  and 
Consent  of  the  Senate,  to  make  Treaties,  provided  two 
thirds  of  the  Senators  present  concur;  and  he  shall 
nominate,  and  by  and  with  the  Advice  and  Consent  of 
the  Senate,  shall  appoint,  Ambassadors,  other  public 
Ministers  and  Consuls,  Judges  of  the  supreme  Court, 
and  all  other  Officers,  of  the  United  States,  wmose  Ap- 
pointments are  not  herein  otherwise  provided  for,  and 
which  shall  be  established  by  Law:  but  the  Congress 
may  by  Law  vest  the  Appointment  of  such  inferior 
Officers,  as  they  think  proper,  in  the  President  alone, 
in  the  Courts  of  Law,  or  in  the  Heads  of  Departments. 

(3.)  The  President  shall  have  Power  to  fill  up  all  Va- 
cancies that  may  happen  during  the  Recess  of  the  Sen- 
ate, by  granting  Commissions  which  shall  expire  at  the 
end  of  their  next  Session. 

Sec.  3. — (1.)  Pie  shall  from  time  to  time  give  to  the 
Congress  Information  of  the  State  of  the  Union,  and 
recommend  to  their  Consideration  such  Measures  as  ho 


CONSTITUTION  OF  THE  UNITED  STATES. 


253 


shall  judge  necessary  and  expedient.  He  may,  or  ex- 
traordinary' Occasions,  convene  botli  Houses,  or  either 
of  them,  and  in  Case  of  Disagreement  between  them, 
with  Respect  to  the  Time  of  Adjournment,  he  may  ad- 
journ them  to  such  Time  as  he  shall  think  proper:  he 
shall  receive  Ambassadors  and  other  public  Ministers 
he  shall  take  Care  that  the  Laws  be  faithfully  executed, 
and  shall  Commission  all  the  officers  of  the  United 
States. 

Sec.  4.— (1.)  The  President,  Vice  President,  and  all 
civil  Officers  of  the  United  States,  shall  be  removed 
from  Office  on  Impeachment  for,  and  Conviction  o i 
Treason,  Bribery,  or  other  high  Crimes  and  Misde 
meanors, 

ARTICLE  III. 

Section  1. — (1.)  The  judicial  Power  of  the  United 
States,  shall  be  vested  in  one  supreme  Court,  and  in 
such  inferior  Courts  as  the  Congress  may  from  time  to 
time  ordain  and  establish.  The  Judges,  both  of  the 
supreme  and  inferior  Courts,  shall  hold  their  Offices 
during  good  Behaviour,  and  shall,  at  stated  Times,  re- 
ceive for  their  Services,  a Compensation  which  shall 
not  be  diminished  during  their  Continuance  in  Office. 

Sec.  2. — (1.)  The  judicial  Power  shall  extend  to  all 
Cases,  in  Law  and  Equity,  arising  under  this  Constitu- 
tion, the  Laws  of  the  United  States,  and  Treaties  made, 
or  which  shall  be  made,  under  their  Authority; — to  al 
Cases  affecting  Ambassadors,  other  public  Ministers, 
and  Consuls; — to  all  Cases  of  admiralty  and  maritime 
Jurisdiction;— to  Controversies  to  which  the  United 


254  CONSTITUTION  OF  THE  UNITED  STATES. 

States  shall  be  a Party; — to  Controversies  between  two 
or  more  States; — between  a State  and  Citizens  of  an- 
other State; — between  Citizens  of  different  States; — 
between  Citizens  of  the  same  State  claiming  Lands  un- 
der Grants  of  different  States,  and  between  a State,  oi 
the  Citizens  thereof,  and  foreign  States,  Citizens  or 
Subjects. 

(2.)  In  all  Cases  affecting  Ambassadors,  other  public 
Ministers  and  Consuls,  and  those  in  which  a State  shall 
be  Party,  the  supreme  Court  shall  have  original  Juris- 
diction. In  all  the  other  Cases  before  mentioned,  the 
supreme  Court  shall  have  appellate  Jurisdiction,  both 
as  to  Law  and  Fact,  with  such  Exceptions,  and  under 
such  Regulations  as  the  Congress  shall  make. 

(3.)  The  Trial  of  all  Crimes,  except  in  Cases  of  Im- 
peachment, shall  be  by  Jury;  and  such  Trial  shall  be 
held  in  the  State  where  the  said  Crimes  shall  have  been 
committed;  but  when  not  committed  within  any  State, 
the  Trial  shall  be  at  such  Place  or  Places  as  the  Con- 
gress may  by  Law  have  directed. 

Sec.  3. — (1.)  Treason  against  the  United  States,  shall 
consist  only  in  levying  War  against  them,  or  in  adher- 
ing to  their  Enemies,  giving  them  Aid  and  Comfort. 
No  Person  shall  be  convicted  of  Treason  unless  on  the 
Testimony  of  two  Witnesses  to  the  same  overt  Act,  or 
on  Confession  in  open  Court. 

(2.)  The  Congress  shall  have  Power  to  declare  the  Pun- 
ishment of  Treason,  but  no  Attainder  of  Treason  shall 
work  Corruption  of  Blood,  or  Forfeiture  except  during 
the  Life  of  the  Person  attainted. 


CONSTITUTION  OF  THE  UNITED  STATES. 


255 


ARTICLE  IV. 

Section  1. — (1.)  Full  Faitii  and  Credit  shall  be  given 
in  each  State  to  the  public  Acts,  Records,  and  judicial 
Proceedings  of  every  other  State.  And  the  Congress 
may  by  general  Laws  prescribe  the  Manner  in  which 
such  Acts,  Records  and  Proceedings  shall  be  proved, 
and  the  Effect  thereof. 

Sec.  2. — (1.)  The  Citizens  of  each  State  shall  be  en- 
titled to  all  Privileges  and  Immunities  of  Citizens  in  the 
several  States. 

(2.)  A Person  charged  in  any  State  with  Treason,  Fel- 
ony, or  other  Crime,  who  shall  flee  from  Justice,  and  be 
found  in  another  State,  shall  on  Demand  of  the  execu- 
tive Authority  of  the  State  from  which  he  fled,  be  de- 
livered up,  to  be  removed  to  the  State  having  Jurisdic- 
tion of  the  Crime. 

(3. ) No  Person  held  to  Service  or  Labour  in  one  State, 
under  the  Laws  thereof,  escaping  into  another,  shall,  in 
Consequence  of  any  Law  or  Regulation  therein,  be  dis- 
charged from  such  Service  or  Labour,  but  shall  be  deliv- 
ered up  on  Claim  of  the  Party  to  whom  such  Service  or 
Labour  may  be  due. 

Sec.  3. — (1.)  New  States  may  be  admitted  by  the 
Congress  into  this  Union;  but  no  new  State  shall  be 
formed  or  erected  within  the  Jurisdiction  of  any  other 
State;  nor  any  State  be  formed  by  the  Junction  of  two 
or  more  States,  or  Parts  of  States,  without  the  Consent 
of  the  Legislatures  of  the  States  concerned,  as  well  as 
of  the  Congress. 

(2.)  The  Congress  shall  have  Power  to  dispose  of,  and 


256  CONSTITUTION  OF  THE  UNITED  STATES. 

make  all  needful  Eules  and  Eegulations  respecting  the 
Territory  or  other  Property  belonging  to  the  United 
Stales;  and  nothing  in  this  Constitution  shall  be  so 
construed  as  to^  Prejudice  any  Claims  of  the  United 
States,  .or  of  any  particular  State. 

Sec.  4. — (1.)  The  United  States  shall  guarantee  to 
every  State  in  this  Union  a Eepublican  Form  of  Gov- 
ernment, and  shall  protect  each  of  them  against  Inva- 
sion, and,  on  Application  of  the  Legislature,  or  of  the 
Executive  (when  the  Legislature  cannot  be  convened) 
against  domestic  Violence. 

AETICLE  V. 

(1.)  The  Congress,  whenever  two  thirds  of  both  Houses 
shall  deem  it  necessary,  shall  propose  Amendments  to 
this  Constitution,  or,  on  the  Application  of  the  Legisla* 
tures  of  two  thirds  of  the  several  States,  shall  call  a 
Convention  for  proposing  Amendments,  which,  in  either 
Case,  shall  be  valid  to  all  Intents  and  Purposes,  as  Part 
of  this  Constitution,  when  ratified  by  the  Legislatures 
of  three  fourths  of  the  several  States,  or  by  Conven- 
tions in  three  fourths  thereof,  as  the  one  or  the  other 
Mode  of  Eatification  may  be  proposed  by  the  Con- 
gress; Provided  that  no  Amendment  which  may  be 
made  prior  to  the  Year  one  thousand  eight  hundred 
and  eight  shall  in  any  Manner  affect  the  first  and  fourth 
Clauses  in  the  Ninth  Section  of  the  first  Article;  and 
tliat  no  State,  without  its  Consent,  shall  be  deprived  oJ 
its  equal  Suffrage  in  the  Senate. 


CONSTITUTION  OF  THE  UNITED  STATES. 


2 It 


ARTICLE  VI. 

(1.)  All  Debts  contracted  and  Engagements  entered 
Into,  before  the  Adoption  of  this  Constitution,  shall  be 
as  valid  against  the  United  States  under  this  Constitu- 
tion, as  under  the  Confederation. 

(2.)  This  Constitution,  and  the  Laws  of  the  United 
States  which  shall  be  made  in  Pursuance  thereof;  and 
all  Treaties  made,  or  which  shall  be  made,  under  the 
authority  of  the  United  States,  shall  be  the  supreme 
Law  of  the  Land;  and  the  Judges  in  every  State  shall 
be  bound  thereby,  any  Thing  in  the  Constitution  or 
Laws  of  any  State  to  the  Contrary  notwithstanding. 

(3.)  The  Senators  and  Representatives  before  men- 
tioned, and  the  Members  of  the  several  State  Legisla- 
tures, and  all  executive  and  judicial  Officers,  both  of 
die  United  States  and  of  the  several  States,  shall  be 
bound  by  Oath  or  Affirmation,  to  support  this  Consti- 
tution; but  no  religious  Test  shall  ever  be  required  as 
a Qualification  to  any  Office  or  public  Trust  under  the 
United  States. 


ARTICLE  VII. 

(1.)  The  Ratification  of  the  Conventions  of  nine  States, 
shall  be  sufficient  for  the  Establishment  of  this  Consti*- 
tution  between  the  States  so  ratifying  the  Same. 

Done  in  Convention  by  the  Unanimous  Consent  of  the 
States  present  the  Seventeenth  Day  of  September 
in  the  Year  of  our  Lord  one  thousand  seven  bun- 
dled and  Eighty  seven  and  of  the  Indepcndance  of 


258 


CONSTITUTION  OF  THE  UNITED  STATES. 


the  United  States  of  America  the  Twelfth  IN  V IT- 
NESS  whereof  We  have  hereunto  subscribed  ''in 
Names, 

GEO  WASHINGTON  — 
Presidt  and  deputy  from  Virginia 


NEW  HAMPSHIRE. 
John  Langdon, 

Nicholas  Gilman. 

MASSACHUSETTS 
Nathaniel  Gorham, 

Rufus  King. 

CONNECTICUT. 
Wm.  Sami.  Johnson, 
Roger  Sherman. 

NEW  YORK. 
Alexander  Hamilton. 

NEW  JERSEY. 
Wil:  Livingston, 

David  Brearley, 

Wm.  Paterson, 

Jona.  Dayton. 

PENNSYLVANIA. 
B.  Franklin, 

Robt.  Morris, 

Tho:  Fitzsimons, 

James  Wilson, 

Thomas  Mifflin, 

Geo-  Clymer, 

Jared  Ingersoll, 

Gouv.  Morris. 

Attest: 


DELAWARE. 

Geo:  Read, 

John  Dickinson, 

Jaco:  Broom, 

Gunning  Bedford,  Jun’r., 
Richard  Bassett, 

MARYLAND. 

J ames  M’Henry 
Danl.  Carroll, 

Dan:  of  St.  Thos.  Jenifer. 

VIRGINIA. 

John  Blair, 

James  Madison,  Jr., 

NORTH  CAROLINA. 
Wm.  Blount, 
llu.  Williamson. 

Ricli’d  Dobbs  Spaiglit. 

• SOUTn  CAROLINA. 

J.  Rutledge, 

Charles  Pinckney, 

Charles  Cotesworth  Plncknej 
Pierce  Butler. 

GEORGIA. 

William  Few, 

Abr.  Baldwin. 


William  Jackson,  Secretary \ 


CONSTITUTION  OF  THE  UNITED  STATES. 


259 


ARTICLES  IN  ADDITION  TO,  AND  AMEND- 
MENTS  OF,  THE  CONSTITUTION. 

FEOPOSED  BY  CONGRESS,  AND  RATIFIED  BY  THE  LEGISLATURES 
" OF  THE  SEVERAL  STATES,  PURSUANT  TO  THE  FIFTH  ARTICLE 

OF  THE  ORIGINAL  CONSTITUTION. 

Article  I.  Congress  shall  make  no  law  respecting  an 
establishment  of  religion,  or  prohibiting  the  free  exer- 
cise thereof;  or  abridging  the  freedom  of  speech,  or  of 
the  press;  or  the  right  of  the  people  peaceably  to  as- 
semble, and  to  petition  the  Government  for  a redress 
of  grievances.  m 

Art.  II.  A well-regulated  Militia,  being  necessary  to 
the  security  of  a free  State,  the  right  of  the  people  to 
keep  and  bear  Arms,  shall  not  be  infringed. 

Art.  HI.  No  Soldier  shall,  in  time  of  peace  be  quar- 
tered in  any  house,  without  the  consent  of  the  Owner, 
nor  in  time  of  war,  but  in  a manner  to  be  prescribed 
by  law. 

Art.  IV.  The  right  of  the  people  to  be  secure  in  F'eir 
persons,  houses,  papers,  and  effects,  against  unreasona- 
ble searches  and  seizures,  shall  not  be  violated,  and  no 
Warrants  shall  issue,  but  upon  probable  cause,  sup- 
ported by  Oath  or  affirmation,  and  particularly  describ- 
ing the  place  to  be  searched,  and  the  persons  or  things 
to  be  seized. 

Art.  V.  No  person  shall  be  held  to  answer  for  a crp 
dal,  or  otherwise  infamous  crime,  unless  on  a present- 
ment or  indictment  of  a Grand  Jury,  except  in  cases 
arising  in  the  land  or  naval  forces,  or  in  the  Militic^ 


260 


CONSTITUTION  OP  THE  UNITED  STATES. 


when  in  actual  service  in  time  of  War  or  public  danger, 
nor  shall  .any  person  be  subject  for  the  same  offence  to 
be  twice  put  in  jeopardy  of  life  or  limb;  nor  shall  be 
compelled  in  any  Criminal  Case  to  be  a witness  against 
himself,  nor  be  deprived  of  life,  liberty,  or  property, 
without  due  process  of  law;  nor  shall  private  property 
be  taken  for  public  use,  without  just  compensation. 

Art.  VI.  In  all  criminal  prosecutions*  the  accused 
shall  enjoy  the  right  to  a speedy  and  public  trial,  by  an 
impartial  jury  of  the  State  and  district  wherein  the 
crime  shall  have  been  committed,  which  district  shall 
have  been  previously  ascertained  by  law,  and  to  be  in- 
formed of  the  fiature  and  cause  of  the  accusation;  to 
be  confronted  with  the  witnesses  against  him;  to  have 
Compulsory  process  for  obtaining  Witnesses  in  his 
favor  and  to  have  the  Assistance  of  Counsel  for  his  de- 
fence. 

Art.  VII.  In  Suits  at  common  law,  where  the  value 
in  controversy  shall  exceed  twenty  dollars,  the  right  of 
trial  by  jury  shall  be  preserved,  and  no  fact  tried  by  a 
jury  shall  be  otherwise  re-examined  in  any  Court  of  the 
United  States,  than  according  to  the  rules  of  the  com- 
mon law. 

Abt.  VIII,  Excessive  bail  shall  not  be  required,  nor 
excessive  fines  imposed,  nor  cruel  and  unusual  punish- 
ments inflicted.  # 

Art.  IX.  The  enumeration  in  the  Constitution  of  cer- 
tain rights,  shall  not  be  construed  to  deny  or  disparage 
others  retained  by  the  people. 

Art.  X.  The  powers  not  delegated  to  the  United 
States  by  the  Constitution,  nor  prohibited  by  it  to  tfi<* 


CONSTITUTION  OF  TETE  UNTIED  STATES. 


2G1 


States,  arc  reserved  to  the  States  respectively,  or  to  the 
people. 

Art.  XI.  The  Judicial  power  of  the  United  States 
shall  not  be  construed  to  extend  to  any  suit  in  law  01 
equity  commenced  or  prosecuted  against  one  of  the 
United  States  by  Citizens  of  another  State,  or  by  Citi- 
zens or  Subjects  of  any  Foreign  State. 

Art.  XII.  The  Electors  shall  meet  in  their  respective 
states,  and  vote  by  ballot  for  President  and  Vice-Presi- 
dent, one  of  whom,  at  least,  shall  not  be  an  inhabitant 
of  the  same  state  with  themselves;  they  shall  name  in 
their  ballots  the  person  voted  for  as  President,  and  in 
distinct  ballots  the  person  voted  for  as  Vice-President, 
and  they  shall  make  distinct  lists  of  all  persons  voted 
for  as  President,  and  of  all  persons  voted  for  as  Vice- 
President,  and  of  the  number  of  votes  for  each,  which 
lists  they  shall  sign  and  certify,  and  transmit  sealed  to 
the  seat  of  the  government  of  the  United  States,  directed 
to  the  President  of  the  Senate; — the  President  of  the 
Senate  shall,  in  the  presence  of  the  Senate  and  House 
of  Representatives,  open  all  the  certificates  and  the 
votes  shall  then  be  counted; — the  person  having  the 
greatest  • number  of  votes  for  President,  shall  be  the 
President,  if  such  number  be  a majority  of  the  whole 
number  of  Electors  appointed;  and  if  no  person  have 
such  majority,  then  from  the  persons  having  the  highest 
numbers  not  exceeding  three  on  the  list  of  those  voted 
for  as  President,  the  House  of  Representatives  shall 
choose  immediately,  by  ballot,  the  President.  But,  in 
choosing  the  President,  the  votes  shall  be  taken  by 
states,  tbo  representation  from  each  state  having  one 


262 


CONSTITUTION  OF  THE  UNITED  STATES. 


vote;  a quorum  for  this  purpose  shall  consist  of  a mem- 
ber or  members  from  two  thirds  of  the  states,  and  a 
majority  of  all  the  states  shall  be  necessary  to  a choice 
And  if  the  House  of  Representatives  shall  not  choose  a 
President  whenever  the  right  of  choice  shall  devolve 
upon  them,  before  the  fourth  day  of  March  next  follow- 
ing, then  the  Vice-President  shall  act  as  President,  as 
in  the  case  of  the  death  or  other  constitutional  disabil- 
ity of  the  President.  The  person  having  the  greatest 
number  of  votes  as  Vice-President,  shall  be  the  Vice- 
President,  if  such  number  be  a majority  of  the  whole 
number  of  Electors  appointed,  and  if  no  person  have  a 
majority,  then  from  the  two  highest  numbers  on  the 
list,  the  Senate  shall  choose  the  Vice-President;  a quo- 
rum for  the  purpose  shall  consist  of  two  thirds  of  the 
whole  number  of  Senators,  and  a majority  of  thc>  whole 
number  shall  be  necessary  to  a choice.  But  no  person 
constitutionally  ineligible  to  the  office  of  President  shall 
be  eligible  to  that  of  Vice-President  of  the  United 
States. 

Art.  XIII. — Sec.  1.  Neither  slavery  nor  involuntary 
servitude,  except  as  a punishment  for  crime  whereof  the 
party  shall  have  been  duly  convicted,  shall  exist  within 
the  United  States,  or  any  place  subject  to  their  iuris- 
diction. 

Sfo.  2.  Congress  .shall  have  power  to  enforce  thia 
article  by  appropriate  legislation. 

Art.  XTV. — Sec.  1.  All  persons  born  or  naturalized 
in  the  United  States,  and  subject  to  the  jurisdiction 
thereof,  are  citizens  of  the  United  States,  and  of  the 
State  wherein  they  reside.  No  State  shall  make  o 1 


CONSTITUTION  OP  THE  UNITED  STATES. 


263 


enforce  any  law  which,  shall  abridge  the  privileges  or 
immunities  of  citizens  of  the  United  States  ; nor  shall 
any  State  deprive  any  person  of  life,  liberty,  or  prop- 
erty, without  due  process  of  law,  nor  deny  to  any  per- 
son within  its  jurisdiction  the  equal  protection  of  the 
laws. 

Sec.  2.  Representatives  shall  be  apportioned  among 
the  several  States  according  to  their  respective  num- 
bers, counting  the  whole  number  of  persons  in  each 
State,  excluding  Indians  not  taxed.  But  when  the 
right  to  vote  at  any  election  for  the  choice  of  Electors 
for  President  of  the  United  States,  Representatives  in 
Congress,  the  executive  and  judicial  officers  of  a State, 
or  the  members  of  the  Legislature  thereof,  is  denied  to 
any  of  the  male  inhabitants  of  such  State,  being 
twenty-one  years  of  age  and  citizens  of  the  United 
States,  or  in  any  way  abridged,  except  for  participa- 
tion in  rebellion  or  other  crime,  the  basis  of  represen- 
tation therein  shall  be  reduced  in  the  proportion  which 
the  number  of  such  male  citizens  shall  bear  to  the 
whole  number  of  male  citizens  twenty-one  years  of 
age  in  such  State. 

Sec.  3.  No  person  shall  be  a Senator  or  Representa- 
tive in  Congress,  or  Elector  of  President  and  Vice- 
President,  or  hold  any  office,  civil  or  military,  under 
the  United  States,  or  under  any  State,  who,  having 
previously  taken  an  oath,  as  a member  of  Congress,  or 
as  a member  of  any  State  Legislature,  or  as  an  execu- 
tive or  judicial  officer  of  any  State,  to  support  the  Con- 
stitution of  the  United  States,  shall  have  engaged  in 


264  CONSTITUTION  OF  THE  UNITEU  CTATE8. 

insurrection  or  rebellion  against  the  same,  or  given  aid 
and  comfort  to  the  enemies  thereof.  But  Congress 
may,  by  a vote  of  two-thirds  of  each  House,  remove 
such  disability. 

Sec.  4.  The  validity  of  the  public  debt  of  the  United 
States,  authorized  by  law,  including  debts  incurred  for 
payment  of  pensions  and  bounties  for  services  in  sup* 
pressing  insurrection  and  rebellion,  shall  not  be  ques- 
tioned. But  neither  the  United  States  nor  any  State 
shall  assume  or  pay  any  debt  or  obligation  incurred 
in  aid  of  insurrection  or  rebellion  against  the  United 
States,  or  any  claim  for  the  loss  or  emancipation  of  any 
slave  ; but  all  such  debts,  obligations,  or  claims,  shall 
be  held  illegal  and  void. 

Sec.  5.  Congress  shall  have  power  to  enforce,  by 
appropriate  legislation,  the  provisions  of  this  article. 

Art.  XY. — Sec.  1.  The  right  of  the  citizens  of  the 
United  States  to  vote  shall  not  be  denied  or  abridged 
by  the  United  States,  or  by  any  State,  on  account  of 
race,  color,  or  previous  condition  of  servitude. 

Sec.  2.  The  Congress  shall  have  power  to  enforce 
this  article  by  appropriate  legislation. 

Notk. — Article  XV.  was  proposed  by  Congress  in  18G9,  as  an  amendment  to 
the  Constitution,  and  it  is  now  before  the  Legislatures  of  the  different  States  L>t 
adoption,  us  required  by  Article  V.  of  the  Constitution.  The  Legislating  3s 
Vttne  States  have  adopted  it. 


QUESTIONS 


CHAPTER  I. 

1.  What  is  the  object  of  Government? 

2.  What  is  needed  that  men  may  live  together  in  peace  ? 

3.  What  is  the  office  of  Government  with  respect  to  tins  end  ? 

4.  What  is  necessary  to  the  existence  of  government  ? 

5.  What  is  meant  by  civil  society  ? 

6.  Why  canuot  men  live  together  without  government  ? 

7.  What  consequences  would  follow  the  absence  of  all  laws? 

8.  What  is  a state  of  anarchy  ? 

9.  Is  civil  society  of  human  or  divine  origin  ? 

10.  How  does  it  appear  that  God  made  men  to  live  together  in 
society  ? 

11.  What  is  said  of  the  savage  state? 

13.  To  what  is  a social  civilized  state  necessary  ? 

13.  What  would  be  the  result  if  all  men  should  attempt  to  lead 
solitary  lives  ? 

14.  What  is  said  of  those  living  in  a savage  state? 

15.  State  in  what  respect  savages  are  inferior  to  civilized  men. 

16.  Why  are  the  powers  of  men  living  in  a savage  state  imper- 
fectly developed  ? 

17.  What  state  furnishes  the  conditions  for  developing  man’s 
powers  ? 

18.  What  inference  is  drawn  from  these  considerations  ? 

19.  Is  the  State  a voluntary  society  ? 

20.  Is  it  the  result  of  a social  compact  ? 

21.  What  is  meant  by  a social  compact  ? 

22.  What  does  history  say  about  such  an  event  ? 

23.  What  is  it  said  men  bind  themselves  by  the  social  compact 
to  do? 

24.  On  what,  then,  is  their  obligation  to  be  subject  to  the  re- 
straints of  society  founded  ? 


266 


QUESTIONS, 


25.  How  does  it  appear  that  the  compact  cannot  be  the  ground 
of  any  obligation  ? 

2«3.  What  are  the  fundamental  laws  of  society  ? 

27.  Do  the  rules  of  justice  owe  their  authority  to  the  consent 
of  the  governed  ? 

28.  How  do  men  become  members  of  the  State  ? 

29.  Why  is  man  a subject  of  law? 

30.  Why  may  not  men  abjure  society  ? 

31.  What  is  necessary  in  order  to  be  a man'? 

32.  Suppose  all  men  should  vote  to  abolish  society  and  govern 
ment,  how  would  it  affect  men’s  obligation  to  have  society  and 
government  ? 

33.  What  is  said  of  the  State  and  the  government  ? 

34.  When  do  they  not  co-exist  ? 

35.  What  is  the  relation  of  government  to  the  State  ? 

36.  When  does  the  State  perform  extraordinary  acts  ? 

37.  What  are  such  acts  termed  ? 

38.  What  kind  of  an  institution  is  Government  ? 

39.  How  does  that  appear  ? 

40.  What  do  the  Scriptures  teach  on  this  subject  ? 

41.  What  is  the  fundamental  idea  of  the  State  ? 

42.  What  should  all  its  rules  be  ? 

43.  Under  what  conditions  would  laws  be  unnecessary  ? 

44.  How  does  it  appear  that  men  should  act  justly  ? 

45.  What  is  the  State  under  obligation  to  secure  to  its  members! 

46.  Why  is  the  State  under  obligation  to  have  government? 

47.  Where  does  the  supreme  power  reside  ? 

48.  Whence  does  government  derive  its  powers  ? 

49.  By  what  is  the  power  of  the  State  limited  ? 

50.  What  powers  is  the  State  under  obligation  to  give  the  gov- 
ernment ? 

51.  When  we  say  the  sovereign  power  belongs  to  the  State, 
what  do  we  mean  ? 

52.  In  what  capacity  does  the  sovereign  power  belong  to  the 

people  ? ✓ 

53.  How  may  the  relation  of  individuals  to  the  sovereign  power 
be  illustrated  \ 

54.  State  the  illustration. 

55.  Is  the  sovereign  power  of  the  State  divisible  among  the  in 
iividuals  who  compose  the  State? 


QUESTIONS. 


267 


CHAPTER  II. 

1.  What  obligation  of  the  State  is  mentioned? 

2.  What  question  is  asked? 

3.  What  is  the  opinion  of  some  respecting  the  right  to  vote? 

4.  What  is  the  opinion  of  others? 

5.  Is  the  proposition,  “ Every  one  has  a right  to  vote,”  a self 
evident  truth? 

6.  What  consequence  follows  the  admission  of  the  proposition, 
that  the  right  to  vote  is  an  attribute  of  humanity  ? 

7.  What  is  regarded  by  some  as  the  ground  of  man's  duty  to 
obey  the  laws  ? 

8.  Why  is  man  a subject  of  law  ? 

9.  How  does  he  become  a member  of  the  State  ? 

10.  To  what  fundamental  law  is  he  subject? 

11.  Is  his  consent  asked? 

12.  What  consequence  follows  the  proposition,  that  those  '~tly 
are  subject  to  laws  who  have  a voice  in  making  them? 

13.  How  do  those  reason  who  deny  the  doctrine  of  universal 
suffrage  ? 

14.  If  suffrage  be  restricted,  on  what  principle  should  the  restric- 
tions be  made  ? 

15.  Suppose  that  limiting  suffrage  to  property  holders  would 
secure  the  choice  of  the  best  rulers  ? 

16.  Who  are  interested  in  having  good  rulers  ? 

17.  On  what  ground  do  the  advocates  of  a property  qualifica- 
tion defend  their  views  ? 

18.  What  is  to  determine  the  question,  Should  the  right  of  suf- 
frage be  confined  to  those  who  can  read  and  write  ? 

19.  Will  the  ability  to  read  and  write  qualify  one  to  vote  wisely  ? 

20.  State  the  supposed  case  of  the  ship  at  sea. 

21.  Have  all  the  passengers  an  equal  interest,  so  far  as  life  is 
concerned,  in  the  safety  of  the  ship  ? 

22.  Does  that  prove  that  they  should  all  vote  in  the  choice  of  a 
capl  ain  ? 

23.  What  is  said  of  the  analogy  between  the  supposed  ship  and 
the  ship  of  state? 

24.  Who  are  interested  in  having  the  best  rulers  ? 


268 


QUESTIONS. 


25.  What  course  should,  then,  he  adopted  ? 

26.  Would  such  a course  infringe  on  the  rights  of  any  ? 

27.  To  what  has  every  man  a right  ? 

28.  What  is  said  about  the  limitation  of  the  elective  franchise  l 

29.  What  took  place  soon  after  the  adoption  of  the  Constitution  ? 


CHAPTER  III. 

1.  What  is  the  great  end  of  government  ? 

2.  What  would  follow  the  perfect  administration  of  justice? 

8.  What  difference  is  there  between  securing  justice  and  secur- 
ing liberty  ? 

4.  Of  what  is  liberty  the  result  ? 

5.  What  do  many  suppose  in  regard  to  men's  freedom  ? 

6.  What  do  they  suppose  men  relinquish  by  becoming  mem- 
bers of  the  State  ? 

7.  How  do  men  become  members  of  the  State,  and  subjects  of 

law  ? 

8.  What  follows  from  that  fact  ? 

9.  Is  a man  at  liberty  to  do  in  society  what  he  would  be  at 
liberty  to  do  if  he  were  a solitary  being? 

10.  How  does  it  appear  that  he  has  not  relinquished  the  rights 
of  a solitary  being  ? What  comparison  is  made  ? 

11.  What  is  law  designed  to  secure  to  man? 

12.  Why,  when  it  forbids  him  to  take  poison  or  murder,  does  it 
not  abridge  his  liberty  ? 

13.  What  liberty  can  he  not  claim? 

14.  Suppose  the  law  forbids  only  that  which  is  wrong  ? 

15.  To  what  has  every  one  a right? 

16.  When  does  the  law  furnish  this? 

17.  What  is  Macintosh's  definition  of  liberty  ? 

18.  What  freedom  can  man  claim  ? 

19.  When  has  he  all  the  liberty  he  can  ask  ? 

20.  What  would  a just  and  wise  system  of  laws  forbid  and 
permit? 

21.  What  would  the  perfect  execution  of  such  laws  furnish? 

22.  What  would  the  perfection  of  law  secure  ? 

23.  What  do  some  suppose  liberty  consists  in  ? 

24.  What  may  men  having  the  privilege  of  self-government  do  I 

25.  Of  what  is  liberty  the  result? 


QUESTIONS. 


269 


26.  Why  is  not  a despotic  government,  if  it  make  and  execute 
toise  laws,  a free  government  ? 

27.  What  is  essential  to  liberty  ? 

28.  What  is  the  best  kind  of  government  ? 

29.  How  can  we  determine  what  is  the  best  kind  for  a particii' 
lar  nation  ? 

80.  What  are  the  three  forms  of  government  ? 

31.  What  is  a Monarchy? 

32.  What  are  the  titles  of  the  different  monarchs  of  Europe  ? 

33.  What  is  an  Absolute  Monarchy  ? 

34.  Wherein  do  Absolute  Monarchy  and  Despotism  differ  ? 

35.  What  is  said  of  absolute  monarchy  when  the  monarch  is  an 
able  man  ? 

36.  How  does  that  appear  ? 

37.  What  have  republics  sometimes  found  it  necessary  to  do  ? 

38.  What  examples  are  given  ? 

39.  What  is  said  of  the  absolute  monarch? 

40.  What  is  a Limited  Monarchy  ? 

41.  What  is  a Constitution? 

42.  Are  constitutions  written  or  unwritten  ? 

43.  Of  what  does  the  Constitution  of  Great  Britain  consist? 

44.  In  an  hereditary  monarchy,  who  succeeds  to  the  crown  on 
the  death  of  the  monarch? 

45.  What  is  meant  by  the  maxim,  “ The  king  never  dies  ”? 

46.  Which  is  preferable,  an  hereditary  or  an  elective  monarchy  ? 

47.  Define  Aristocracy. 

48.  What  is  the  testimony  of  history  respecting  this  form  of 
government  ? 

49.  What  is  a Republic  ? 

50.  What  is  a pure  Democracy  ? 

51.  What  example  is  given? 

52  To  which  of  the  three  forms  of  government  does  the  English 
government  belong  ? 


CHAPTER  IY. 

1.  How  many  Theories  of  Representation  are  there  ? 

2.  State  the  commonly  received  theory  of  representation 


270 


QUESTIONS. 


3.  What  doctrine  is  a logical  inference  from  this  theory  ? 

4.  What  does  that  doctrine  require  the  representative  to  dot 

5 State  at  large  the  objection  to  this  theory. 

6.  When  ought  the  will  of  the  people  to  be  obeyed  ? 

7.  Show  that  the  people  are  not  infallible. 

8.  What  are  many  of  the  provisions  of  government  designed 
to  prevent  ? 

9.  State  another  theory  of  representation. 

10.  Why  should  the  people  select  good  and  wise  men? 

1 1 What  should  the  representatives  be  restrained  by  ? 

12  What  should  the  duties  of  the  legislator  be  prescribed  by? 

13.  How  far  should  the  representative  conform  to  the  wishes  ol 
liis  constituents  ? 

14.  What  is  a Constitution  ? 

15.  Suppose  the  constitution  comes  m conflict  with  the  law  of 
rectitude?  % 

16.  What  limitation  is  there  to  the  power  of  the  government  ? 

17.  Suppose  the  legislature  passes  a law  in  violation  of  the  Con- 
stitution ? 

18.  How  is  such  a law  to  be  declared  void  ? 

19.  Can  a man  decline  to  obey  a law  because  he  thinks  it  un- 
constitutional ? 

20.  What  is  his  duty  in  regard  to  it? 

21.  When  is  the  will  of  the  people  supreme? 

22.  In  what  way  should  constitutions  be  changed? 

23.  What  is  said  about  the  propriety  of  changing  the  constitu- 
tion? 

24.  What  law  is  higher  than  constitutional  law  ? 

25.  Suppose  the  law  of  the  land  comes  in  conflict  with  the  law 
of  God? 

26.  Who  is  to  decide  whether  a law  is  contrary  to  the  law  of 
God  or  not  ? 

27.  Why  may  not  Congress  or  the  Supreme  Court  decide  the 
question  ? 

28.  Show  that  the  right  of  private  judgment  would  not  lead  to 
anarchy. 

29.  Under  what  circumstances  may  a government  originating 
in  fraud  or  violence  claim  obedience  ? 

30.  Huw  long  may  it  be  the  duty  of  the  people  te  obey  a gov 
eminent  which  may  have  no  right  to  command  ? 


QUESTIONS, 


27. 


• 81.  Does  every  act  of  oppression  justify  resistance  to  tlie  gov- 
ernment ? 

82.  When  may  the  people  resist  and  overthrow  a government  1 

33.  What  is  this  right  termed? 

34.  What  is  said  of  the  worst  kind  of  government  ? 

35.  To  what  does  anarchy  lead  ? 


CHAPTER  Y. 

1.  What  educating  influence  had  the  Colonial  governments? 

2.  When  and  where  did  the  first  representative  legislature 
meet  ? 

3.  How  had  the  people  of  Virginia  been  previously  governed  ? 

4.  What  compact  did  the  Pilgrim  Fathers  form  ? 

5.  By  whom  was  it  signed  ? 

6.  What  officers  were  elected  under  this  compact? 

7.  Where  did  the  legislative  power  of  the  colony  reside? 

8.  What  change  was  made  in  163i)  ? 

3.  When  and  how  was  the  colony  of  Plymouth  joined  to  that 
of  Massachusetts? 

10.  Under  what  auspices  was  the  colony  of  Massachusetts 
planted  ? 

11.  Wrhat  powers  had  the  company? 

12.  Where  was  the  government  of  the  colony  at  first  ? 

13.  In  what  way  was  it  transferred  to  the  colony? 

14.  How  did  the  charter  provide  that  the  government  should  be 
administered  ? 

15.  Who  were  meant  by  freemen  of  tho  company? 

16.  What  did  the  officers  chosen  do  with  the  charter? 

17.  What  powers  of  government  did  the  colony  of  Massacliu- 
Betti  then  possess  ? 

18.  In  what  respects  were  the  governments  of  all  the  colonies 
Bimilar  ? 

19  Into  what  three  classes  have  the  governments  been  divided 

20.  Describe  the  Provincial  Governments. 

21.  Describe  the  Proprietary  Governments. 

22.  Describe  the  Charter  Governments. 


272 


QUESTIONS. 


23.  What  amount  of  power  was  possessed  it  dhe  people  of  thf 
colonies  ? 

24.  What  advantages  resulted  from  the  forms  granted  them  ! 

25.  What  relations  did  the  colonies  sustain  to  one  another  ? 

23.  What  privileges  did  the  colonists  claim? 

27.  What  power  did  Parliament  claim  over  the  colonists? 

28.  What  was  the  Stamp  Act,  and  its  design? 

29.  What  effect  did  this  act  have  ? 

3G.  What  did  the  attempt  to  raise  a revenue  lead  to? 

31.  When  and  where  aid  the  first  Congress  meet? 

32.  How  were  the  delegates  chosen  ? 

33.  What  did  this  Congress  do  ? 

34.  When  did  the  second  Congress  meet  ? 

35.  What  were  some  of  its  acts  ? 

36.  What  powers  did  Congress  assume  after  the  Declaration  oi 
Independence  ? 

87.  What  has  this  government  by  Congress  been  called  ? 


CHAPTER  VI. 

1.  When  did  Congress  take  measures  for  forming  a league  oi 
union  between  the  States  ? 

2.  What  measures  were  taken  with  reference  to  this  end? 

3.  By  whom  were  the  Articles  of  Confederation  agreed  upon? 

4.  When  were  they  to  become  binding  ? 

5.  When  were  they  ratified  by  all  the  States  ? 

6.  What  was  the  design  of  the  Articles  ? 

7.  What  provision  did  they  make  for  a congress? 

8.  How  were  the  States  to  be  represented  in  Congress? 

9.  How  were  the  delegates  to  Congress  paid? 

10.  How  was  the  voting  done  ? 

11.  Had  the  States  equal  power  in  Congress? 

12.  State  some  of  the  leading  powers  of  Congress. 

13.  How  many  States  were  required  to  tarry  all  importan 
measures  ? 

14.  What  provision  was  made  for  a Judiciary? 

15.  What  provision  for  an  Executive  Department  ? 

16.  What  was  the  great  tlofeci  of  the  Confederation? 


QUESTIONS, 


273 


17.  How  was  money  raised  for  tlie  treasury  of  the  Con  federation! 

18.  What  power  had  Congress  to  regulate  commerce  ? 

19.  To  what  were  the  delects  of  the  Confederation  leading  tUa 
country? 

20.  What  remark  of  Washington  is  quoted? 


CHAPTER  VII. 

1 Who  led  the  way  in  forming  the  Constitution  ? 

2.  State  the  measures  taken  by  Madison  in  1784. 

3.  What  did  he  induce  the  Legislature  of  Virginia  to  do? 

4.  What  States  were  represented  at  the  Convention  at  An 
napolis  ? 

5.  What  action  was  taken  by  the  Convention  ? 

6.  Who  drew  up  the  recommendation  ? 

7.  What  did  it  propose? 

8.  By  what  State  was  the  recommendation  acted  upon  first  ? 

9.  What  action  was  taken  by  Congress  ? 

10.  When  and  where  did  the  Federal  Convention  meet? 

11.  What  was  the  whole  number  of  delegates? 

12.  Name  some  of  the  leading  members. 

13.  What  did  Madison  sa^  r especting  the  ability  of  the  members 
of  the  Convention  ? 

14.  Who  was  the  President  of  the  Convention,? 

15.  What  rule  in  regard  to  secresy  was  adopted? 

16.  Who  kept  a record  of  proceedings  ? 

17.  When  was  it  published  ? 

18.  Who  made  the  opening  speech  of  the  Convention? 

19.  State  the  plan  of  government  proposed  by  Randolph. 

20.  How  long  were  the  resolutions  of  Randolph  debated  ? 

21.  What  was  the  first  resolution  passed  by  the  Convention? 

22.  With  what  views  did  a majority  of  the  Convention  as- 
semble? 

23.  What  change  of  views  took  place? 

24.  State  the  plan  of  government  embodied  in  the  nineteen  res- 
olutions passed  by  the  Convention. 

25.  What  were  some  of  the  difficulties  in  the  way  of  progress? 

26.  What  plan  was  proposed  by  Mr.  Patterson  ? 

27  State  briefly  the  character  of  the  two  plans  then  before  tha 
Convention. 

28  Which  plan  was  adopted,  and  by  what  majority? 

29.  State  Hamilton’s  plan  of  government. 

30.  What  proposition  was  made  by  Franklin,  in  view  of  the  dif 
frulties  experienced  by  the  Convention  ? 

31.  What  did  Washington  say,  in  v*ew  of  those  difficulties? 


274 


QUESTIONS. 


32.  What  was  done  when  a majority  had  agreed  upon  the  lead 
ing  provisions  of  the  Constitution? 

33.  How  long  was  the  report  of  the  Committee  of  Detail  debated  i 

34.  Who  revised  the  style  and  arranged  the  Articles  of  the  Con 
gtitution  ? 

85.  What  amendment  was  made  at  the  sugg  -stion  of  Wash 
ington  ? 

36.  By  whom  was  the  Constitution  signed? 

37.  Mention  some  of  Franklin’s  remarks. 

88.  Mention  some  of  Hamilton’s  remarks. 


CHAPTEE  VIII. 

1.  What  action  did  Congress  take  respecting  the  Constitution 
when  laid  before  it  ? 

2.  How  was  the  Constitution  received  by  the  people  ? 

3.  What  two  eminent  patriots  opposed  it? 

4.  Who  were  some  of  the  ablest  writers  in  defence  of  the  Con- 
stitution ? 

5.  What  were  the  friends  of  the  Constitution  called? 

6.  How  was  the  Constitution  adopted  ? 

7.  What  State  adopted  it  first,  and  at  what  time? 

8.  What  two  States  adopted  it  last  ? 

9.  In  what  States  was  it  adopted  by  large,  and  in  what  States 
by  small,  majorities? 

10.  Who  was  President  of  the  Massachusetts  Convention  ? 

11.  Who  were  the  leading  advocates  of  the  Constitution  in  the 
Convention  ? 

12.  Who  were  the  leading  advocates  in  the  New  York  Conven- 
tion ? 

13.  What  State  refused  to  adopt  the  Constitution  ? 

14.  What  was  the  action  of  Rhode  Island  in  regard  to  it  ? 

15.  What  was  done  when  nine  States  had  adopted  the  Constitu- 
tion ? 

16.  When  were  elections  for  officers  of  the  new  government 
held? 

17.  When  was  the  new  government  to  go  into  operation? 

18.  Who  were  elected  President  and  Vice-President? 

19.  When  and  where  was  Washington  inaugurated? 

20.  Name  the  members  of  his  Cabinet. 

21.  When  did  North  Carolina  and  Rhode  Island  come  into  the 
Union? 


QUESTIONS. 


*7o 


CHAPTER  IX. 

1.  Repeat  the  Preamble. 

2.  What  two  views  of  the  Constitution  are  mentioned? 

3.  State  the  league  or  compact  view. 

4.  State  the  true  view. 

5.  By  whom  can  the  Constitution  be  abolished  or  changed  ? 

6.  Why  can  not  a State  change  or  abolish  it  ? 

7.  What  evidence  have  you  that  the  Federal  Convention  in 
tended  to  make  a national  government  instead  of  a league? 

8.  Give  the  substance  of  Mr.  Webster’s  remarks  on  this  subject 

9.  What  was  one  ground  of  objection  to  the  Constitution? 

10.  What  objection  was  urged  by  Patrick  Henry? 

11.  What  was  said  by  Mr.  Wilson,  in  the  Pennsylvania  Con- 
vention ? 

12.  What  was  said  by  Mr.  Johnson,  in  the  Connecticut  Con- 
vention  ? 

13.  Were  Wilson  and  Johnson  members  of  the  Federal  Con- 
vention ? 

14.  By  whom  does  the  prc«^.*/xo  me  constitution  was  or- 
dained and  established  ? 

15.  Does  the  Constitution  say  any  thing  about  a league  or  com 
pact  ? 

16.  What  does  the  second  section  of  the  sixth  article  of  the 
Constitution  declare  ? 

17.  What  arbiter  for  the  decision  of  questions  relating  to  the 
violation  of  the  Constitution,  does  the  Constitution  appoint? 

18.  In  what  way  can  a question  respecting  the  constitutionality 
of  a law  be  brought  before  the  Supreme  Court  ? 

19.  What  decision  of  the  Supreme  Court  is  mentioned  ? 

20.  Why  should  not  the  States  of  the  Union  be  called  Sovereign 
States  ? 


CHAPTER  X. 

1.  What  are  the  three  departments  of  government . 

2.  Why  should  these  departments  be  distinct  and  independent  ? 

3.  Is  it  possible  to  make  any  one  of  these  departments  per- 
fectly independent  of  the  others? 

4.  Where  is  the  legislative  power  of  the  Government  of  th« 
United  States  vested  Y 


S76 


QUESTIONS. 


5.  Of  what  does  Congress  consist  ? 

6.  Why  are  two  Houses  better  than  one? 

7.  Why  should  the  two  Houses  be  differently  constituted  ! 

8.  Of  what  does  the  Parliament  of  Great  Britain  consist  ? 

9.  Of  what  does  the  House  of  Commons  consist? 

10.  Of  what  does  the  House  of  Lords  consist  ? 

11.  How  is  the  House  of  Representatives  composed? 

12.  What  can  be  said  in  favor  of  the  Term  of  Service  ? 

13.  Who  may  vote  for  Representatives  ? 

14.  Why  this  provision  of  the  Constitution  ? 

15.  How  old  must  a Representative  be  ? 

16.  Why  this  provision  ? 

17.  How  old  must  a member  of  the  House  of  Commons  be  ? 

18.  What  is  required  with  respect  to  Citizenship  and  Inhabitancy. 

19.  Why  should  a Representative  be  an  inhabitant  of  the  Stata 
for  which  he  is  chosen  ? 

20.  Into  what  districts  are  the  States  divided  ? 

21.  Must  a Representative  be  an  inhabitant  of  the  District  for 
which  he  is  chosen  ? 

22.  What  advantages  might  follow  going  out  of  a District  for  a 
Representative  ? 

23.  What  is  said  respecting  the  inhabitancy  of  the  members  of 
the  House  of  Commons  ? 

24.  Is  there  a property  qualification  for  a Representative  ? 

25.  State  the  provisions  of  the  Constitution  in  regard  to  the  ap 
portionment  of  Representatives  and  direct  taxes. 

26.  What  limitation  is  there  to  the  number  of  Representatives? 

27.  Suppose  a State  has  less  than  thirty  thousand  inhabitants? 

28.  Do  the  Representatives  vote  by  States,  or  as  individuals? 

29.  Why  were  three-fifths  of  the  slaves  counted  in  the  basis  of 
representation  ? 

30.  Is  the  word  slave  found  in  the  Constitution  ? 

81.  What  has  taken  place  in  regard  to  the  ratio  of  represent* 
tion  as  population  has  increased  ? 

32.  What  is  done  when  vacancies  occur  in  the  representation 
for  any  State  ? 

33.  How  are  the  Speaker  and  other  officers  of  the  House  of 
Representatives  chosen  ? 

34.  Where  is  the  power  of  Impeachment  vested? 

85.  What  is  meant  by  Impeachment  ? 


CHAPTER  XI. 

1.  How  is  the  Senate  composed? 

2.  Why  the  provision  that  the  Senators  shall  be  chosen  by  the 
Legislatures  of  the  States  ? 


QUESTIONS. 


217 

3.  Why  do  the  large  and  the  small  States  have  the  same  num- 
ber of  Senators  ? 

4.  Why  should  each  State  have  two  Senators  ? 

5.  What  can  be  said  in  favor  of  the  term  of  service? 

6.  Into  how  many  classes  were  the  Senators  divided  ? 

7 Wliat  was  the  object  of  this  division? 

8.  W hat  must  be  the  age  of  a Senator  ? 

9.  Why  this  provision  ? 

10  How  long  must  the  Senator  have  been  a citizen? 

11.  Why  was  that  length  of  time  required  ? 

12.  Who  presides  over  the  Senate  ? 

13.  Why  should  not  the  Senate  choose  its  own  presiding  officer 

14.  When  does  the  Senate  choose  a President  pro  tempore  ? 

15.  How  is  the  House  of  Lords  composed  ? 

16.  Name  the  different  orders  of  nobility. 

17.  By  whom  are  peers  created? 

18.  How  may  the  King  carry  a measure  in  the  House  of  Lords? 

19.  Who  is  the  presiding  officer  of  the  House  of  Lords? 

20.  Where  is  the  power  to  try  impeachments  vested  ? 

21.  Who  presides  in  the  Senate  when  the  President  is  tried  ? 

22.  Why  should  not  the  Vice-President  preside  on  that  occasion? 

23.  What  vote  is  necessary  to  conviction? 

24.  By  whom  must  the  impeachment  be  made  ? 

25.  Why  should  not  the  impeached  be  tried  by  a court  of  justice 
instead  of  the  Senate  ? 

26.  Whence  was  this  provision  of  the  Constitution  borrowed? 

27.  What  penalties  can  be  indicted  on  those  convicted,  on  im- 
peachment ? 

28.  What  penalties  can  be  indicted  in  Great  Britain  ? 

29.  Suppose  a man  be  impeached  and  convicted  of  a crime  pun* 
ishable  by  law  ? 

30.  What  provision  of  the  Constitution  in  regard  to  the  time, 
place,  and  manner  of  holding  elections? 

31  How  often  must  Congress  meet? 

32.  Why  should  it  meet  once  a year? 

33.  Who  judge  of  the  election  and  qualification  of  members? 

34.  What  reason  for  this  provision  ? 

35.  How  many  are  necessary  to  constitute  a quorum  ? 

36.  What  may  a smaller  number  do  ? 

37.  Give  the  reasons  for  those  provisions? 

38.  Why  should  each  House  determine  the  rules  for  its  pn> 
ceedings  ? 

39.  How  may  a member  be  expelled  ? 

40.  What  do  the  rules  that  govern  the  proceedir'gr  cf  leg5  si  at*  v« 

bodies  constitute?  * 

41.  What  does  the  Constitution  require  as  the  keeping  oi  m 
Journal  ? 

42.  Is  it  to  be  published? 

43.  When  must  the  yeas  and  nays  be  called  * 


278 


QUESTIONS. 


44.  Give  the  reasons  for  the  above-mentioned  provisions. 

45.  With  what  exceptions  are  the  proceedings  of  Congress  to  bs 
open  to  the  public? 

46.  What  is  necessary  in  order  to  be  permitted  to  witness  the 
proceedings  of  Parliament  ? 

47.  What  is  done  when  a vote  is  taken? 

48.  What  does  the  Constitution  say  respecting  the  adjournments 
of  Congress? 

40  How  are  members  of  Congress  paid  for  their  services  ? 

50.  What  special  privileges  do  they  enjoy  ? 

51.  Why  are  these  privileges  conferred? 

52.  Suppose  a member  of  Congress  commits  a high  crime  ? 

53.  To  what  offices  are  members  of  Congress  ineligible? 

54.  Wliat  reason  can  be  given  for  this  ? 

55.  Can  the  members  of  the  United  States  Cabinet  hold  seats  in 
Congress  ? 

56.  Can  members  of  the  English  Cabinet  hold  seats  in  the  House 
of  Commons? 

57.  Where  must  all  bills  for  revenue  originate? 

58.  Whence  was  this  provision  borrowed  ? 

59.  Can  the  Senate  amend  a revenue  bill  ? 

60.  Where  must  all  bills  for  revenue  originate,  in  Parliament? 

61.  Can  the  Lords  amend  a revenue  bill  ? 

62.  What  power  does  this  give  to  the  Commons  ? 

63.  State  the  mode  of  passing  a law. 

61.  What  advantage  may  result  from  the  qualified  veto  pos* 
sessed  by  the  President  ? 

65.  Has  the  King  of  England  an  absolute  negative  ? 

66.  What  must  be  done  with  every  order  and  resolution  of 
Congress  ? 

67.  What  was  the  provision  intended  to  prevent  ? 


CHAPTER  XII. 

1.  What  is  the  power  of  Congress  as  to  Taxation  ? 

2.  For  what  purposes  may  Congress  lay  and  collect  taxes  ? 

3.  Why  can  not  Congress  lay  a higher  tax  in  New  York  than 
in  Maryland  ? 

4.  Why  could  not  Congress  raise  money  to  aid  foreign  nations 

5.  What  are  Taxes  ? 

p 6.  What  are  Imposts? 

7.  What  Excises? 

8.  What  are  Duties  ? 

9.  Can  Congress  impose  duties  for  the  purpose  of  protecting 
domestic  industry  ? 


QUESTIONS.  279 

1C.  What  evidence  of  tliis  is  found  in  tlie  preamble  to  the  first 
Act  of  the  first  Congress  ? 

11.  What  do  decisions  of  the  Supreme  Court  show? 

12.  What  department  of  the  Government  can  borrow  money! 

13.  Why  should  Congress  have  this  power? 

14.  What  is  the  power  of  Congress  as  to  commerce  ? 

15.  Why  should  Congress  have  this  power? 

16.  What  power  does  it  involve? 

17.  What  is  an  Embargo? 

18.  Show  that  Congress  has  power  to  lay  an  embargo. 

19.  What  are  Navigation  Laws  ? 

20.  What  evils  would  follow  if  the  States  had  power  to  regulate 
commerce  ? 

21.  What  are  Naturalization  Laws? 

22.  Where  is  the  power  to  pass  such  laws  vested  ? 

23.  What  are  Bankrupt  Laws? 

24.  Why  should  Congress  have  exclusive  power  to  pass  such 
laws  ? 

25.  What  is  said  of  Insolvent  Laws  passed  by  State  Legislatures? 

26.  What  is  the  provision  of  the  Constitution  relative  to  coin- 
age, weights  and  measures,  &c.  ? 

27.  Why  should  these  powers  be  vested  in  Congress  ? 

28.  How  may  post-offices  and  post-road  be  established? 

29.  What  are  Copyright  and  Patent  Laws  ? 

30.  Why  should  power  to  pass  such  laws  be  possessed  by  Con* 
gress,  and  not  by  the  State  Legislatures  ? 

31.  What  power  has  Congress  as  to  piracy  and  offences  against 
the  Law  of  Nations? 

32.  Where  is  the  power  to  to  declare  war  vested  ? 

33.  What  are  Letters  of  Marque  and  Reprisal  ? 

34.  Bv  whom  may  armies  be  raised  and  supported? 

35.  Why  the  provision  forbidding  Congress  from  making  an 
appropriation  for  a longer  term  than  two  years  ? 

36.  By  whom  may  a navy  be  established  ? 

37.  For  what  purpose,  and  by  whom,  may  the  militia  be  called 
out? 

38.  Who  is  to  decide  when  the  danger  is  sufficient  to  justify 
calling  forth  the  militia  ? 

39.  What  power  does  Congress  possess  over  the  seat  of  govern- 
ment, and  other  territory  purchased  for  forts,  &c.  ? 

40.  Why  should  Congress  possess  this  power? 

41.  What  general  power  is  given  to  Congress? 

42.  What  clause  in  the  Constitution  gives  Congress  power  to 
charter  National  Banks? 

43.  State  facts  connected  with  the  charter  of  the  first  National 
Bank. 

44.  State  facts  connected  with  the  second  National  Bank. 

45.  State  the  main  argument  in  favor  of  the  constitutionality 
of  a law  chartering  a bank  of  the  United  States. 


280 


QUESTIONS. 


46.  Has  tlie  question  been  before  the  Supreme  Court  ? 

47.  When  was  the  act,  authorizing  the  National  Banks  now  in 
existence,  passed  ? 


CHAPTER  XIII. 

1.  Up  to  what  date  did  the  Constitution  prohibit  laws  for  aboi 
Uhing  the  slave  trade  ? 

2.  Why  this  prohibition  ? 

3 When  may  the  Writ  of  Habeas  Corpus  be  suspended  ? 

4.  Explain  what  is  meant  by  a Writ  of  Habeas  Corpus . 

5.  Who  is  to  decide  when  the  public  safety  requires  the  Writ 
to  be  suspended  ? 

6.  What  is  a Bill  of  Attainder? 

7.  Why  should  not  Congress  have  power  to  pass  such  a bill? 

8.  What  is  an  Ex  Post  Facto  Law? 

9.  What  is  a Capitation  Tax  ? 

10.  In  what  proportion  must  such  taxes  be  laid  ? 

11.  What  provision  of  the  Constitution  requires  Congress  to 
treat  the  States  with  equal  justice? 

12.  How  can  money  be  drawn  from  the  Treasury  ? 

13.  Can  Congress  grant  a title  of  nobility? 

14.  Can  a State  grant  a title  of  nobility? 

15.  Why  this  prohibition? 

16.  Why  are  officers  of  the  United  States  prohibited  from  a o 
cepting  any  present  or  title  from  a foreign  Power? 

17.  State  the  constitutional  prohibitions  on  the  States? 

18.  What  is  meant  by  Bills  of  Credit? 

19.  May  the  States  borrow  money  and  issue  bonds? 

20.  What  is  a “tender”? 

21.  Can  Congress  make  any  thing  except  gold  and  silver  a legal 
tender  ? 

22.  Illustrate  what  is  meant  by  a bill  impairing  the  obligation 
of  contracts. 

23.  Is  a charter  a contract  ? . 

2l.  Are  the  State  insolvent  laws  consistent  with  the  provision 
respecting  impairing  the  obligation  of  contracts? 

25.  For  what  purposes  may  a State  impose  duties? 

26.  Why  are  the  States  prohibited  from  keeping  troops,  ships 
of  war,  and  making  treaties  with  other  nations  ? 

27.  May  Virginia  enter  into  a league  with  Maryland?  Why 
not? 

28.  What  powers  did  the  Constitution  confer  on  Congress  ? 

29.  What  powers  were  reserved  to  the  States? 


QUESTIONS. 


281 


CHAPTER  XIV. 

1.  Where  is  the  Executive  power  vested  ? 

2.  Show  that  a single  is  better  than  a plural  Executive. 

3.  Wliat  is  the  President’s  term  of  office? 

4.  What,  can  be  said  in  favor  of  that  term? 

5.  What  objections  could  be  brought  against  a longer  term? 

6.  Can  the  President  be  re-elected  ? 

7.  What  can  be  said  in  favor  of  this  provision  ? 

8.  For  liow  long  a period  is  the  Vice-President  chosen  ? 

9.  What  events  have  shown  that  the  office  of  Vice-Presiden 
Is  a very  important  one? 

10.  By  whom  are  President  and  Vice-President  chosen? 

11.  How  many  electors  does  each  State  appoint? 

12.  What  persons  are  excluded  from  being  electors  ? 

13.  What  power  has  Congress  in  regard  to  the  electors? 

14.  Why  does  the  Constitution  provide  that  the  day  of  election 
must  be  uniform  throughout  the  United  States? 

15.  What  persons  are  eligible  to  the  office  of  President? 

16.  Why  should  the  President  be  a native-born  citizen? 

17.  Why  should  he  be  thirty-five  years  old  ? 

18.  Why  the  provision  as  to  residence? 

19.  State  the  mode  in  which  the  President  and  Vice-President 
are  chosen. 

20.  What  Presidents  were  chosen  by  the  House  of  Representa- 
tives? 

21.  What  is  done  when  the  office  of  President  becomes  vacant 
by  death  or  removal  ? 

22.  What  Vice-Presidents  have  thus  become  Presidents? 

23.  What  is  done  when  there  is  no  Vice-President? 

24.  What  is  the  provision  of  the  Constitution  in  regard  to  th* 
compensation  of  the  President  ? 

25.  What  is  the  salary  of  the  President? 

26.  What  oath  or  affirmation  is  required  of  him  ? 


CHAPTER  XV. 

1.  State  some  of  the  powers  conferred  on  the  President  by  the 
Constitution. 

2.  Why  should  the  military  power  of  the  nation  be  under  tha 
control  of  the  President? 

3.  What  prevents  his  being  a military  despot? 

4.  Where  is  the  pardoning  power  vested  ? 

5.  Why  should  there  be  a pardoning  power? 


282 


QUESTIONS. 


6.  What  limitation  is  there  ta  the  power  of  the  President  to 
grant  pardons  ? 

7.  Where  is  the  treaty -making  power  vested  ? 

8.  By  whom  are  ambassadors  and  officers  of  the  United  States 
appointed  ? 

9.  What  provision  i3  made  for  the  appointment  of  inferioi 
officers? 

10.  Why  is  the  treaty-making  power  given  to  the  President  and 
Senate,  instead  of  Congress? 

11.  By  whom  are  treaties  negotiated  ? 

12.  When  are  they  laid  before  the  Senate? 

13.  Is  the  President  bound  to  ratify  a treaty  if  the  Senate  ap 
prove  it  ? 

14.  By  whom  must  the  money  necessary  to  carry  a treaty  intc 
effect  be  voted  ? 

15.  Have  the  Representatives  a right  to  withhold  the  appropri 
ation,  if  they  do  not  approve  the  treaty  ? 

16.  What  debate  on  this  subject  is  mentioned? 

17.  On  whom  does  the  English  Constitution  confer  the  power 
to  declare  war  and  make  peace  ? 

18.  Suppose  the  House  of  Commons  do  not  approve  of  a declar- 
ation of  war  by  the  King  ? 

19.  Who  appoints  the  officers  of  the  English  government  ? 

20.  What  benefits  may  result  from  the  provision  requiring  the 
consent  of  the  Senate  to  the  appointments  of  the  President  ? 

21.  What  is  an  Ambassador? 

22.  What  is  a Consul  ? 

23.  Where  is  the  power  of  removal  from  office  vested  ? 

24.  By  whom  has  that  power  been  heretofore  exercised? 

25.  What  is  done  In  case  of  vacancies  occurring  during  the  recess 
of  the  Senate? 

26.  How  may  this  power  be  abused  ? 

27.  In  what  way  is  it  customary  for  the  President  to  make  his 
jomm unications  to  Congress? 

28.  When  may  the  President  convene  and  adjourn  Congress? 

29.  Who  has  power  to  receive  ambassadors? 

30.  Show  that  this  is  an  important  power. 

31.  What  is  the  duty  of  the  President  as  to  the  laws? 

32.  How  may  the  President  be  removed  from  office  ? 

33.  How  may  all  civil  officers  be  removed  ? 

34.  What  is  meant  by  “ civil  officers  ”? 

35.  Where  is  the  executive  power  of  the  Englisn  government 
vested  ? 

36.  Who  perform  all  executive  acts  ? 

37.  What  is  meant  by  “ the  administration  ”? 

38.  What  determines  the  political  character  of  the  administra 
lion? 

39.  When  is  it  customary  for  ministers  to  resign  ? 

40.  Who  is  commander-in-chief  of  the  army  and  navy  ? 


QUESTIONS. 


283 


41.  By  whom  are  the  judges  appointed? 

42.  What  is  the  Privy  Council  ? 

43.  What  power  has  the  Privy  Council  t 


CHAPTER  XVI. 

1.  What  is  the  office  of  the  Judiciary? 

2.  Where  is  the  judicial  power  of  the  United  States  vested? 

3.  When  and  how  were  the  National  Courts  organized  ? 

4.  Name  the  three  national  courts. 

5.  Of  what  does  the  Supreme  Court  consist  ? 

6.  When  and  where  are  its  sessions  held  ? 

7.  How  many  Judicial  Circuits  are  there? 

8.  Who  are  the  Circuit  Judges  ? 

9.  What  are  the  District  Courts  ? 

10.  What  are  the  officers  of  the  national  courts  ? 

11.  What  is  the  duty  of  the  Attorney-General? 

12.  What  is  the  duty  of  the  District  Attorney? 

13.  What  is  the  duty  of  the  Marshal  ? 

14.  What  is  the  duty  of  the  Clerk  ? 

15.  How  are  the  Judges  appointed? 

16.  What  is  their  Tenure  of  Office  ? 

17.  Why  should  they  hold  office  during  good  behavior? 

18.  Suppose  the  judge  holds  his  office  at  the  will  of  a monarch? 

19.  What  objection  can  be  urged  against  an  elective  judiciary? 

20.  What  objection  can  be  urged  against?  the  tenure  of  office 
during  good  behavior? 

21.  How  is  the  compensation  of  the  judges  fixed? 

22.  To  what  does  the  judicial  power  extend  ? 

23.  When  does  a case  “ arise  ” under  the  Constitution  ? 

24.  Give  an  example. 

25.  Give  an  example  of  a case  arising  under  a treaty  ? 

26.  What  is  meant  by  Equity  Jurisprudence? 

27.  What  is  meant  by  Admiralty  Jurisdiction? 

28.  Can  the  United  States  bring  a suit  against  an  individual  ? 

29.  Can  an  individual  bring  a suit  against  the  United  States? 

30.  Can  citizens  of  one  State  bring  a suit  against  another  State? 

31.  Can  foreigners  residing  in  the  United  States  sue  in  the  na- 
tional courts? 

32.  In  what  cases  has  the  Supreme  Court  original  jurisdiction? 

33.  What  is  the  principal  business  of  the  Supreme  Court? 

34.  What  provision  is  made  by  the  Constitution  for  trial  by  jury  ? 

35.  In  trials  by  jfhy,  mention  the  two  kinds  of,  judges? 

36.  Where  must  one  accused  of  crime  be  tried? 

37.  How  does  it  appear  that  Congress  can  establish  tribunals 
Inferior  to  the  Supreme  Court? 


284 


QUESTIONS. 


38.  May  appeals  be  taken  from  tbe  State  Courts  to  the  National 
Courts  ? 

39.  Who  was  the  first  Chief-Justice  of  the  United  States? 

40.  What  are  the  superior  courts  of  England  9 

41.  What  is  the  Court  of  Chancery? 

42.  Name  the  five  superior  Courts  of  Chancery? 

43.  What  is  the  highest  court  of  common  law  in  England  ? 

44.  How  many  judges  has  it  ? 

45.  Of  what  cases  does  it  take  cognizance  ? 

46.  Of  what  does  the  Court  of  Common  Pleas  consist  ? 

47.  What  is  its  jurisdiction? 

48.  What  are  real  actions  ? 

49.  Of  what  does  the  Court  of  Exchequer  consist  ? 

50.  What  is  said  respecting  its  j urisdiction  ? 

51.  Which  is  the  highest  j udicial  tribunal  in  Great  Britaiu? 


CHAPTEE  XVII. 

1.  What  is  Treason,  as  defined  by  the  Constitution? 

2.  Why  is  it  defined  in  the  Constitution? 

3.  On  what  testimony  can  one  be  convicted  of  treason? 

4.  Who  has  power  to  declare  the  punishment  of  treason? 

5.  What  is  the  punishment  of  treason  by  the  common  law? 

6.  What  is  the  punishment  ordered  by  Congress  ? 

7.  What  is  meant*  by  “ corruption  of  blood  ”? 

8 What  does  the  the  Constitution  say  respecting  it  ? 

9.  What  is  the  provision  of  the  Constitution  in  regard  to  the 
public  acts,  records,  and  .judicial  proceedings  of  the  States? 

10.  To  what  rights  are  the  citizens  of  each  State  entitled  in 
other  States  ? 

11.  Suppose  a person  charged  with  crime  in  one  State  flees  to 
another  ? 

12.  What  was  the  provision  of  the  Constitution  as  to  fugitive 
slaves  ? 

13.  ITow  may  new  States  be  admitted  into  the  Union  ? 

14.  What  limitations  are  mentioned  in  the  Constitution  ? 

15.  What  is  the  power  of  Congress  over  the  Territories  ? 

16.  Ot  what  do  the  Territorial  governments  consist? 

17.  What  does  the  Constitution  require  the  United  States  to 
guarantee  to  every  State  in  the  Union  ? 

18.  Show  how  the  Constitution  may  be  amended. 

19.  Repeat  the  section  containing  the  supremacy  of  the  Consti 
tut  ion. 

20.  What  is  required  of  the  National  and  State  officers? 


QUESTIONS. 


285 


CHAPTER  XVIII. 

1,  What  is  a Bill  of  Rights  ? 

2.  What  does  the  first  amendment  to  the  Constitution  forbid  ? 

8.  Why  should  freedom  of  speech  be  secured  ? 

4.  What  is  the  difference  between  freedom  of  the  press  and 
licentiousness  of  the  press  ? 

5.  Wh&i  right  does  the  second  article  of  the  Amendments  se- 
cure? 

6.  What  does  the  third  article  forbid? 

7.  What  does  the  fourth  article  forbid? 

8.  What  is  necessary  before  one  can  be  tried  for  a crime  ? 

9.  What  is  a Grand  Jury  ? 

10.  When  is  a man  said  to  be  indicted? 

11.  Why  should  not  a man  be  tried  twice  for  the  same  offense? 

12.  .When  and  where  must  one  accused  of  crime  be  tried  ? 

13.  What  privileges  are  secured  to  the  accused? 

14.  What  is  the  seventh  article  designed  to  secure? 
lo.  What  does  the  eighth  article  guard  against? 

10.  What  does  the  ninth  article  guard  against  ? 

17.  What  is  the  tenth  article? 

18.  What  was  the  design  of  this  amendment  ? 

19.  What  is  the  thirteenth  and  last  amendment? 

20.  When  was  the  Amendment  proposed  in  Congress  ? 

21.  When  was  its  ratification  by  the  Legislatures  of  three-fourths 
of  the  States  officially  announced  ? 


CHAPTER  XIX. 

1.  Which  State  was  the  first  to  form  and  adopt  a constitution  ? 

2.  What  two  States  continued,  after  the  Declaration  of  Inde- 
pendence, to  use  their  charters  as  constitutions  ? 

3.  Which  was  the  first  new  State  admitted  to  the  Union  after 
the  adoption  of  the  Federal  Constitution  ? 

4.  How  was  the  territory  out  of  which  Louisiana  and  other 
State  were  formed,  acquired  ? 

5.  What  controversy  arose  in  connection  with  the  application 
of  Missouri  for  admission  to  the  Union? 

0.  How  was  it  settled? 

7.  From  what  territory  was  the  State  t>f  Texas  formed  ? 

8.  IIovv  was  the  territory  constituting  California  acquired? 

9.  What  States  were  admitted  without  having  previously  had 
Territorial  governments  ? 


286  QUESTIONS. 

10.  What  was  Texas  when  she  applied  for  admission  ? 

11.  To  what  are  the  Constitutions  of  all  the  States  similar  t 

12.  How  are  the  powers  of  government  divided  in  them  all  ? 

13. *  Where  is  the  legislative  power  vested? 

14.  Where  is  the  executive  power  vested? 

15.  What  is  said  of  the  judicial  systems  of  the  States? 

16.  What  is  said  respecting  the  meeting  of  the  Legislatures? 

17.  What  is  said  respecting  the  appointment  of  judges? 

18.  What  is  said  respecting  Chancery  courts  ? 

19.  What  is  said  respecting  the  jurisdiction  of  the  State  courts? 

20.  Before  what  officers  do  the  smaller  matters  of  litigation 
come  ? 

21.  What  is  the  relation  of  the  State  Constitutions  to  the  Con- 
stitution of  the  United  States  ? 

22.  How  are  the  States  divided  ? 

23.  What  is  a County  Seat? 

24.  What  political  powers  are  exercised  by  the  Townships  into 
which  some  of  the  States  are  divided  ? 

25.  What  an  incorporated  Borough  or  City  ? 

25.  Where  is  the  legislative  power  possessed  by  the  City  of 
New  York  vested? 

27.  Where  is  the  executive  power  of  the  City  vested  ? 

23.  IIow  is  the  Mayor  elected  ? 

29.  What  is  duty  of  the  Chamberlain  of  the  City? 

30.  Has  the  City  of  New  York  a separate  judiciary  ? 

31.  What  is  said  of  all  the  large  Cities  in  the  Union? 


CHAPTER  XX. 

1.  What  is  International  Law  ? 

2.  Of  what  should  it  consist? 

3.  Of  what  does  it  consist  ? 

4.  What  is  the  remedy  in  case  of  violation  ? 

5.  What  is  the  relation  nations  sustain  to  each  other? 

6.  Has  a nation  a right  to  interfere  in  the  concerns  of  another 
nation  ? 

7.  What  government  is  to  be  recognized  by  other  nations  ? 

8.  What  effect  has  a change  of  government  on  the  treaties  and 
obligations  of  a nation  ? 

9.  How  far  does  a nation  possess  exclusive  jurisdiction  over 
the  adjoining  sea? 

10.  To  whom  does  the  open  sea  belong? 

11.  To  whom  does  a river  dividing  two  countries  belong  ? 

12.  What  rights  have  foreigners  residing  in  a country  ? 

13.  What  persons  are  not  subject  to  the  laws  of  the  land  In 
which  they  may  sojourn  ? 


QUESTIONS. 


Lit 

14.  Why  should  ambassadors  he  independent  of  the  jurisdiction 
the  country  to  which  they  are  sent? 

15.  When  are  treaties  binding? 

16.  Suppose  one  party  violates  the  treaty? 

17.  When  may  a nation  resort  to  war? 

18.  Is  a formal  declaration  and  notice  to  the  enemy  necessary 
before  commencing  hostilities  ? 

19.  What  is  the  effect  of  a state  of  war  on  the  commercial  inter 
Course  of  the  citizens  of  the  countries  at  war  ? 

20  What  is  said  of  debts  due  the  subjects  of  an  enemy? 

21.  What  is  said  of  an  enemy’s  property  at  sea? 

22.  What  is  said  of  property  sailing  under  the  flag  of  an  enemy? 

23.  What  is  said  of  Privateering? 

2 4.  What  must  be  done  with  all  captured  property  ? 

25.  What  is  said  respecting  neutral  nations? 

23.  What  articles  are  neutrals  prohibited  from  carrying? 

27.  To  what  does  the  attempt  to  violate  a blockade  subject  the 
vessel  and  cargo  ? 

28.  What  is  said  respecting  hostile  dispatches? 

29.  What  is  said  of  the  Right  of  Search  ? 

80.  What  is  a Truce  ? 

81.  What  is  a Treaty? 

32.  What  is  said  of  Piracy? 

83.  What  is  said  of  the  Slave  Trade  ? 

34.  What  is  said  respecting  the  recognition  of  international  law 


CHAPTEE  XXI. 

1.  What  is  the  Divine  Law  ? 

2.  What  is  Constitutional  Law  ? 

3.  What  is  International  Law? 

4.  What  is  Municipal  Law? 

5.  What  is  Statute  Law? 

0.  What  is  the  Common  Law  ? 

7.  How  far  is  the  Common  Law  the  law  of  the  land  in  tin 
Duited  States? 

8.  What  is  the  Civil  Law  ? 

9.  What  is  the  Code? 

10.  What  are  the  Institutes? 

1 1.  What  are  the  Pandects  ? 

12.  What  are  the  Novels  of  Justinian? 

13  What  is  the  Canon  Law? 

14.  What  is  Martial  Law? 

15.  What  is  Parliamentary  Law? 


ODEX  ; 


A. 

r am 

Absolute  Monarchy 25 

Adjournment  of  Congress, 100 

Admiralty  Courts, . 180 

Admission  of  New  States, 194 

Admission  of  States, 209 

Adoption  of  the  Constitution, 70 

Ambassadors, 165 

Annapolis  Convention, , 53 

Appeals  from  State  Courts, 186 

Ap  pellate  Jurisdiction, 18b 

Appointments  to  Office, 164 

Aristocracy, 26 

Articles  of  Confederation, 44 

B. 

Bank  of  the  United  States, ISO 

Bankrupt  Law, 122 

I 


INDEX. 


289 


TAG* 

Bill  of  Attainder, 135 

Bills  of  Credit, 139 

Blockade, 229 

C. 

Canon  Law, 237 

Captures  at  Sea, 226 

Charter  Governments, 39 

City  Government, 217 

Civil  Law, 2 35 

Civil  Society  defined, , 9 

Common  Law, 234 

Compact  of  the  Pilgrims, 35 

Compensation  of  the  President, 157 

Confiscation  of  Private  Property 226 

Constitution  defined, SO 

Constitution  not  a League, 78 

Constitutional  Amendments, 195 

Consuls, v 105 

Continental  Congress 41 

Counties, 216 

Court  of  Chancery, 187 

D. 

Declaring  War, 126 

Defects  of  the  Confederation, 49 

Democracy, 27 

Direct  Taxes, 91 


INDEX. 


200 

PAG! 

District  of  Columbia, 129 

Divine  Law  to  be  Obeyed, , 32 

Divine  Origin  of  Government, 13 

Duties  of  Neutrals, .....  228 


Election  by  House  of  Representatives, 156 

Election  of  President, 153 

Elective  Monarchy, 26 

English  Cabinet, 169 

English  Executive, 169 

English  Government, 27 

Equality  of  Nations, 221 

Executive  Department, 146 

Expost  facto  Laws, 135 


F. 


Federal  Convention, % 55 

Foreigners, 223 

Forms  of  Government, 24 

Franklin’s  Remarks  in  Convention, 64 

Freedom  of  Speech  and  the  Press, 200 

Fugitive  Slaves, 194 


G. 


Government  of  Massachusetts, 57 

Government  of  Plymouth,. 81 


INDEX, 


291 


PAGfl 

Governors  of  the  States, 214 

Grand  Jury, 203 

Guarantee  of  Republican  Government, 19 

H. 

Habeas  Corpus, 134 

Hamilton’s  Plan  of  Government, 63 

Hamilton’s  Remarks  on  the  Constitution, 69 

House  of  Commons, 89 

House  of  Lords, 100 

I. 

Impairing  Contracts, 142 

Impeachment, 94 

Imposts  laid  by  a State 143 

International  Law, 220 

J. 

Journals  of  Congress, 107 

Judges  appointed, 176 

Judicial  Circuits, l'/4 

Judicial  Department, 172 

Judicial  Power  of  the  Senate, 101 

Jurisdiction  of  State  Courts, 215 

Jurisdiction  of  U.  S.  Courts, 178 

Justices  of  the  Peace, , 215 


292 


INDEX* 


L. 

PAM 

Legal  Tender, 14G 

Legislative  Power  vested  in  Congress, , 86 

Letters  of  Marque, 125 

liberty  and  Law, 21 

Limited  Monarchy, 25 

Lord  High  Chancellor, 101 

M. 

Mackintosh’s  Definition  of  Liberty, 23 

Madison’s  Testimony, 55 

Man  subject  to  Law, 17 

Martial  Law, 239 

Messages  of  the  President, 167 

Mode  of  passing  Laws, 112 

Monarchical  Titles, 25 

Money  drawn  from  the  Treasury, 137 

Moral  Law, 233 

Municipal  Law, 234 

N. 

Navigation  Laws 120 

O. 

Oath  to  support  the  Constitution, 197 

Object  of  Government, 9 


INDEX. 


293 


PAGB 

Officers  liable  to  Impeachment, 168 

Organization  of  U.  S.  Courts,  173 

Origin  of  Civil  Society, 1 


P. 

Pardoning  Poorer, 

Parliamentary  Law, 

People  not  Infallible, 

Pinckney’s  Plan  of  Government,. . . , 

Powers  of  Congress, 

Preamble  to  the  Constitution, 

Privateering, 

Privileges  of  Ambassadors, 

Privileges  of  Congress, 

Privv  Council, 

Prohibition  of  the  Slave  Trade,. . . . 

Proprietary  Governments, 

Protective  Tariff, 

Provincial  Governments, 

Purchase  of  Louisiana, 

Q. 

Qualifications  of  the  President, 

Qualifications  of  Representatives,. . . 
Qualifications  of  Senators, 

R. 


160 

238 

29  % 

59 

115 
77 

227 

223 

109 

170 

133 

38 

116 
38 

210 


152 

89 

98 


Randolph’s  Plan  of  Government, 
Ratification  of  Treaties, 


08 

109 


294 


INDEX. 


PAG* 

Religious  Liberty, . 199 

Removal  from  Office, 165 

Representative  Instructions, 28 

Right  of  Petition,. 201 

Right  of  Revolution, 34 

Right  of  Search,. 230 

S. 

Senate, ...  98 

Slavery  abolished, 206 

Sovereign  Power, . . . .’ 13 

Speaker  of  the  House, 94 

Stamped  Act, 40 

State  Constitutions, 208 

Statute  Law, 234 

Suffrage, 16 

Superior  Court  of  England, 187 

T. 

Territories, 194 

Theories  of  Representation, 28 

The  State, 11 

Titles  of  Nobility, 137 

Townships,,, 217 

Treason, 19C 

Treaties  forbidden  to  the  States 138 

Treaty-making  Power, 161 


INDEX. 


295 


PAG! 

Trial  by  Jury, 184 

Truces, 231 

Y. 

Vacancies  provided  for, 94 

/eto  Power, 11$ 

(ftcoPretident, • * * , . . . £4 


. 


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Hooker’s  First  Book  in  Physiology.  For  Public  Schools. 
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“ I have  examined  with  some  care  the  Physiology  of  President  Loomis.  It 
seems  to  me  clear,  concise,  well-arranged,  and  in  all  respects  admirably 
adapted  for  the  purposes  of  a text-book  in  schools  and  colleges.  It  has  been 
used  by  the  classes  in  this  University  with  entire  satisfaction.”  — Rev.  M.  B. 
Anderson,  D.D.,  President  of  Rochester  University. 

PALMEE’S  BOOK-KEEPING. 

Palmer’s  Practical  Book-Keeping * By  Joseph  H. 
Palmer,  A.M.,  Instructor  in  New  York  Free  Academy.  12mo. 
1G7  pages.  Price  $1. 

Blanks  to  do.  (Journal  and  Ledger),  each  50  cents, 
j Key  to  do . Price  10  cents. 

Any  of  the  above  sent  by  mail , post-paid,  on  receipt  qf  price. 


Sheldon  A Company’s  2'ext-lBooks. 


SHAW’S  *TEW  SERIES 

ON 

ENGLISH  AND  AMERICAN  LITERATURE. 


i. 

Shaw’s  New  History  of  English  and  American  Lit- 
erature, Price  $1.50.  This  book  lias  been  prepared  with  the 
greatest  care  by  Prof.  Truman  J.  Backus,  of  Vassar  College, 
using  as  a basis  Shaw's  Manual,  edited  by  Dr.  William  Smith. 
The  following  are  the  leading  leatures  of  the  book  : 

1.  It  has  been  put  into  the  modern  text-boolc  form. 

2.  It  i3  printed  in  large , clear  type. 

3.  Many  par.s  of  the  book,  which  Were  not  very  clear,  have  been  entirely 
rewritten. 

4.  The  history  of  great  Authors  is  marked  by  the  use  of  larger-sized 
type,  which  indicates  to  the  scholar  at  once  the  important  names  in  English 
and  American  literature. 

3.  It  also  contains  diagrams,  showing  the  easiest  way  to  classify  and 
remember  the  eras  in  English  literature.  We  believe  that  this  is  the  best 
text  - booh  on  this  important  subject  ever  offered  to  the  American 
public. 

II. 

Shaw’s  Specimens  of  American  Literature , and 
Literary  Reader , Greatly  Enlarged.  By  Prof.  Benj. 
N.  Martin,  D.D.,  L.H.D.,  Professor  in  the  University  of  the  City 
of  New  York.  1 vol.  12mo.  Price  $1.50. 

This  book  contains  specimens  from  all  the  chief  American  writers.  Espe- 
cially those  authors  who  have  given  tone  and  character  to  American 
literature  are  so  represented  that  scholars  may  obtain  a just  idea  cf  their 
style. 

As  a LITERARY  READER  for  use  in  our  Higher  Seminaries,  it  is 
believed  that  no  superior  booh  can  be  found. 

III. 

Share’s  Choice  Specimens  of  English  Literature, 
A Companion  Volume  to  the  New  History  of  Literature.  Selected 
from  the  chief  English  writers,  and  arranged  chronologically  by 
Thos.  B.  Shaw  and  Wm.  Smith,  LL.D.  Arranged  and  enlarged 
for  American  students  by  Benj.  N.  Martin,  D.I).,  L.H.D.,  Prof.  ! 
of  Philosophy  and  Logic  in  the  University  of  the  City  of  New 
York.  1 vol.  large  12mo.  Price  $2.00. 

We  shall  still  continue  to  publish 
Shaw’s  Complete  Manual  of  English  and  American 
Literature,  By  Tuos.  B.  Shaw,  M. A.,  Wm.  Smith,  LL.D., 
author  of  Smith’s  Bible  and  Classical  Dictionaries,  and  Prof. 
Henry  T.  Tuckerman.  With  copious  notes  and  illustrations. 

1 vol.  large  12mo,  540  pp.  Price  $2.00. 


